SB 483 
.N524 
Copy 1 



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a, 






REPORT 



c 



ommittee to Investigate 




THE AFFAIRS OF THE 



New Orleans Park Commissioners. 



NEW ORLEANS: 

PRINTED AT THE REPUBLICAN OFFICE, 94 CAMP STREET. 

1878. 
(STEREOTYPE EI UTION . ) 



.y 



REPORT 



Committee to Investigate 



THE AFFAIRS OF THE 



New Orleans Park Commissioners. 



NEW ORLEANS: 

PRINTED AT THE REPUBLICAN OFFICE. 94 CAMP STREET. 
1873. 



(STEREOTYPE EDITION.) 






Lib. 



REPORT. 

Housk of Representatives of Louisiana, 

February—, 1873. 

To the honorable Speaker and Members of the House of Representatives . 

Your committee appointed to investigate the affairs of the New 
Orleans Park, respectfully report : 

That they entered upon their duties with no conception of the diffi- 
culty and intricacy with which they have since found the subject to be 
enveloped. The records and documents to be examined were numerous, 
and as remarkable, perhaps, for what they do not tell as for what they do. 

The origin of the New Orleans Park was in the setting apart of the 
McDonogh and other property along the Metairie Ridge, from the vicinity 
of the Carondelet to that of the New Canal, which was done by the City 
Council, and some fencing and a few improvements were provided. 

The resources of the city, however, were inadequate to pay for a proper 
construction of the Park out of the general funds of the city. Accordingly 
in 1870 the General Assembly passed Act No. 83, with the following lead- 
ing features : 

First — A tax of one-eight of one per cent, per annum on all property 
in the city of New Orleans for ten years 

Second — Its administration by five commissioners to be appointed by 
the Governor. These commissioners to be without pay except three hun- 
dred dollars per annum each for expenses of visiting and inspecting the 
Park. 

Third — A power to purchase or expropriate some additional property, 
between the Metairie Ridge and the lake. 

Fourth — The power to mortgage for construction, and to issue eight 
per cent, bonds secured by such mortgage. 

A faithful execution of a law which gives to the Executive the singular 
power of appointing the commissioners of a tax strictly local would incline 
him to a prompt but careful selection of such men as the law evidently 
intended. 



The tax was immediately levied and collections commenced, but no 
steps were taken by the Governor to execute the law for more than a year. 

J. R. West, the future President of the Park Commission, was then 
the leading member of the city administration and the head of the chief 
department of expenditure, .that of Improvements. The financial and pol- 
itical expansions of that department pending the State and city canvass of 
1870, are remembered generally by the citizens of New Orleans for an 
accumulation of debt and the expenditure of all available cash in the city 
coffers. The law required the Park tax to be deposited in a bank to be 
selected by the Park Commissioners. There being no such commissioners 
and no bank assigned, and consequently no provision of law operating to 
enforce a separation of the funds in the city treasury, the taxes became 
subject like moneys in common to general appropriations, which being 
paid first come first served, the deficit usually falls upon the last vigilant. 

There was neglect in this, if not design, and we would fail in the duty 
of a committee not to point out the salient facts. 

Had Governor Warmoth made the appointments according to law, the 
moneys could have been expended on the Park; as it was, the matter was 
reserved to be settled in 7-30 certificates and other city paper, to be sunk 
in the carrying out of a scheme of future purchase. 

We shall proceed step by step with the analysis of all public or docu- 
mentary matters connected with the Park, and if the examination shall 
show that the authorities invested with its control have been faithful guard- 
ians of the public interest, no censure will attach. But if the facts, when 
all developed, are consistent with no other explanation than a long and 
patiently concocted design to speculate upon the public means, to delay 
the organization of the Park Commission and the purchase of Park pro- 
perty till the preliminaries were all secured to effect it at exorbitant rates, it 
is the misfortune of those who shall be found culpable if they do not bear 
a more favorable interpretation. 

On the first of February, 1871, Robert Bloomer addresses a letter to 
Girardey & Co., auctioneers, inclosing $2500 earnest money, and offering 
to purchase sundry tracts lying between the lower line of Greenville and 
the upper line of Burtheville, and extending from the Mississippi river to 
the rear of the Sixth District. One part of these united tracts lies to the 
left (ascending) of the St. Charles avenue, and from that to the river, since 
generally denominated the New or Upper Park, to distinguish it from the 
Old or Lower Park before described. 

Another and very important portion of the proposed purchase lies to 
the right of St. Charles avenue, containing, say two hundred and thirty 
arpents, against three hundred and twenty in the Upper Park property. 



§ 

Bloomer offers to purchase as soon as the titles can be obtained from 
the parties in France, represented by A. Rochereau & Co., in this city. 
The price, which appears to have been fully agreed upon, is to be 
$600,000, $60,000 of which is to be paid in cash; and there are to be ten 
annual payments of $54,000 each, bearing seven per cent, interest. Girardey 
& Co. at once accept in writing, and this offer and acceptance are made 
matters of record in the office of Convevance, book 98, folio 373, February 
2, 1871. 

On the same day, February 1, 1873, Bloomer makes a private written 
declaration, subsequently made of record in the Conveyance office, book 
99, folio 369, February 16, declaring that he is only interested in the 
matter to the extent of one-sixth, and that five-sixths of the transaction are 
for account of M. A. Southworth. 

Meanwhile two bills are before the Legislature : one providing for a 
commission to locate a State House and grounds. This became a law 
February 24, 1871, in a manner somewhat peculiar to Governor Warmoth's 
administration, by omitting to either veto or sign. 

Another, the additional Park act, was signed by him April 6, 1871, in 
the recess of the Legislature, when sending the act to the Secretary of 
State without signature would not answer the purpose. It materially 
changed the Park act, authorized the purchase or expropriation of ground 
anywhere in the parish of Orleans for a park, and authorized the Capitol 
Commissioners to locate the ground so to be purchased or expropriated. 
It did away with the requirement of erecting a bridge at the New Canal, 
reducing it to a simple permission to do so, but provided that half the 
Park tax should be expended on the Lower Park. Neither of these. provi- 
sions has been carried out to the extent of one cent as far as known, except 
some incidental expences of keeping. 

Pending the passage of these two bills, documents of the following 
purport were in the hands of a number of persons : 

This agreement witnesses that I, Robert Bloomer, hereby agree for and in consider- 
ation of five hundred dollars, in hand paid, the receipt whereof is hereby acknowledged, 

to convey to four lots, measuring twenty-five feet front by one hundred 

and twenty-five feet deep, of square No. 3, fronting towards St. Charles Avenue, of the 
Foucher Property. But this is, provided the State House or Public Park be located 
thereon by the joint commission to be appointed under the act now before the Legisr 
lature; otherwise this instrument is void. 

(Signed) R. BLOOMER. 

February 14, 1871. 

In the original, of which the foregoing is a true copy, the words "one 
dollar" are erased, and the words "five hundred dollars" substituted, all 
in the same handwriting. 



Hon. P. B. S. Pinchback was appointed by Gov. Warmoth on the 
Capitol Commission, and subsequently on the Park Commission, positions 
somewhat incompatible, as they were deemed a check upon each other. 
The reason for this double appointment has not transpired.. 

On the twelfth of April two transactions occurred which have been 
assigned by rumor an important relation with each other and the future of 
the Park, but this relation is not entirely clear in all particulars, and the 
proceedings can only be detailed as they appear of record. 

The first is an act under private signature, given by Southworth and 
Bloomer to Henry A. Corbin, since Secretary to Governor Pinchback, and 
William G. Brown, afterwards Assistant Secretary of the Park Commis- 
sioners. By this instrument, made of record next day, April 13, before A. 
Hero, notary public, a part of the Foucher property on the northeast or 
right (ascending) of St. Charles avenue and adjacent to the proposed State 
House site, is conveyed to Corbin and Brown to secure an alleged loan of 
forty thousand dollars from these two gentlemen, with right of redemption, 
that is, by paying the loan, which is said to be effected to make Southworth 
and Bloomer's advance cash payment on the property. No such money 
was used for this cash payment, as it will be later shown that it was obtained 
from elsewhere. Neither do Corbin and Brown appear to be such capitalists 
as the vendors would ordinarily resort to for financial relief. If they were 
really such, it is doubtful if a sale of property not yet owned would be an 
adequate form of security. This sale is subsequently recalled or annulled, 
the forty thousand dollars being paid by the so-called vendors. 

On the same date Mr. Pinchback and the other Capitol Commissioners 
enter into an ' ' agreement, " as it is called (though the law requires them to 
fix and determine) that the Park shall be located on the part of the Foucher 
property between the St Charles avenue and the Mississippi river, in addi- 
tion to the Lower Park which, according to their words, "has been located 
near and between the rear terminus of the great and southern thorough- 
fares of the city, Canal and Esplanade streets, affording a convenient place 
for pleasure and recreation for the middle and southern portion of the city. " 
There is evidently some confusion of points of the compass here, as the 
Lower Park, Esplanade street, etc., are not in the southern portion of the 
city. 

Things appear to be ready on the twenty-seventh of April, 1871, when 
Governor Warmoth appoints as Park Commissioners J. R. West, P. B. S. 
Pinchback, A. W. Smyth, H. C. Dibble and M. A. Southworth. 

The commissioners assemble on the third, fourth and sixth of May, 
except Southworth, who, if present, is not so recorded. On the third they 



organke by making West president. On the fourth they receive a letter 
from Southworth and Bloomer, offering to sell them the future park pro- 
perty, being that part located by the State House Commissioners for a 
park, between St. Charles avenue and the river, for the modest sum of 
$1,500,000. On the sixth they obtain a loan of $65,000 of Park moneys, 
advanced from the Louisiana Savings Bank, which they have selected as 
their bank of deposit, and which is their custodian of moneys and city 
securities, holding, or sure to receive sufficient to cover all risk. This mo- 
ney they on the same day loan to Southworth and Bloomer, for the refusal 
of the property (but without naming any price) for ninety days. The note 
is made by Southworth and Bloomer to the order of the commissioners, 
and being indorsed by West, Smyth, Pinchback and Dibble, is deposited 
as collateral for the loan, and protested at maturity after ninety days. The 
note, secured by an act of mortgage, which is signed by Southworth and 
Bloomer on the one hand, and by all the commissioners except Southworth, 
on the other. These proceedings take place before P. C Cuvellier, notary. 
On the same date, sixth of May, 1871, before another notary (Gottsschalk) 
Rochereau and Hepp, as agents, sell to Southworth and Bloomer the 
whole Foucher property; not only the future Park, but the portion to the 
northeast of St. Charles avenue, on which are facing — commencing on 
the lower boundary — first, the future State House property; next, the pro- 
perty covered by the $40, 000 proceeding to Brown and Corbin, with some 
extensive reservations above and in the rear for the lucky vendors. The 
price of the total purchase is $600,000, the only cash payment being 
$60,000, and for this sum they would only have to walk from one notary 
to the other. 

Thus, by ready money obtained indirectly from the people of the city, 
and without risking or advancing a dollar of their own, the notarial, legal 
and other expences, including revenue stamps, being covered by the odd 
$5000, they effect a purchase on which their anticipated profits must have 
been gigantic; say a million and a half as price for the Park, a million or 
so for the State House, and fabulous prices for the remainder, owing to its 
contiguity. But we do injustice; a venture had been made of two thousand 
five hundred dollars on the first of February preceding. 

The * next three months appear to have been spent in finding out how 
much it will do to pay for the property. A movement in lots commences; 
through whose agency, and whether the Park Commissioners personally 
are engaged in the movement, does not appear. Persons in the vicinity, 
as well as a number of gentlemen in the real estate business, are called 
upon to appraise the future Park. We cannot blame the holders of property 
in the vicinage for taking a coukur-de-rose view of the progress of things. 



8 

It was quite natural, and, perhaps, it will be quite refreshing to real estate 
owners, who have sometime been inclined to fear New Orleans was in her 
decadence, to look over these appraisements. Some of them are inserted 
in the minutes without dates, so that we can not ascertain what effect the 
Park movement may have had on their minds. But the only appraisers 
who were employed or paid as such, were Gabriel de Feriet, Nash & 
Hodgson and Green and Elder, who, with C. W. Culbertson, under date 
of fourteenth of June, 1871, certified $334,433.33 to be a liberal appraise- 
ment. 

Previous estimates were more favorable, and subsequent ones were 
sought, which were of an entirely satisfactory and gratifying character. Dr. 
Smyth acts as chairman of the Committee of Appraisement, which elicited 
all these opinions, including those who were called upon for their friendly 
advice, outside of the professional appraisers. 

Things appear at length again to be ready, and on the twelfth of 
August Southworth passes an act of sale of five-eighteenths of the whole 
original purchase to Girardey & Co. , in which the price stipulated is one 
hundred and fifty thousand dollars, and certain assumptions are made, 
described in the act passed between them. 

The final price fixed upon for the Park portion, to be bought by the 
commissioners, is eight hundred thousand dollars. This is made up as 
follows : Sixty-five thousand dollars have been already paid in cash; South- 
worth and Bloomer's notes of purchase for five hundred and forty thousand 
dollars, bearing mortgage on the whole original property are assumed and 
to be paid entirely out of the park portion or fraction, and bonds for one 
hundred and ninety-five thousand dollars, secured also by mortgage on the 
Lower Park, are given for the balance. The sale is made on the fifteenth 
of August before Ainsworth, acting for Cuvellier, notary. The vendors are 
Southworth and Bloomer and Girardey & Co. ; the purchasers Pinchback, 
West, Dibble and Smyth. 

We pause for a moment to examine into the matter of the mortgage 
of the Lower Park. It is certainly singular if the new park property was 
in reality deemed worth the purchase price that the vendors would have 
exacted or the purchasers granted a mortgage on other property: this in 
addition to sixty-five thousand dollars cash payment. Such a thing is un- 
known to ordinary usage ; and a proposition from a vendor of such a 
character would be regarded by ordinary purchasers as an admission that the 
property was worth nowhere near the proposed purchase price. But the 
views and rules of action governing this sale appear to have been different 
from those ordinarily actuating persons transacting business judiciously and 
reasonably for themselves, or faithfully as the mandatary of others. 



There was authority in the first act to mortgage the Park for its con- 
struction. There may have been implied authority in the power to pur- 
chase, perhaps to mortgage the property purchased. But there was no 
authority to mortgage property which the commissioners found unincum 
bered for anything but "construction," which is the word used, and doubt- 
less means the laying out, improvement and embellishment of the grounds. 
Any other construction of the word, as used in the act, is fallacious, and 
would be violative of the wisdom of the legislative intention always to be 
presumed. 

What careful public servant would infer to himself a right to mortgage 
under such circumstances? We shall see subsequently strong evidences 
of doubt of the validity of this mortgage in the recent efforts of the com- 
missioners to sink or absorb prematurely by exchanging city securities for 
them nine years before they are due. And we find President Smyth, in 
his report, apparently anticipating the question of validity of their mort- 
gages by the cheerful assumption that "full and ample authority was given 
to the commissioners to purchase, receive and hold real estate, and to give 
bonds in payment therefor in addition to the property already designated 
to be used for park purposes. " 

It was the duty of Governor Warmoth to have appointed commissioners, 
in the first place, instead of causing or letting the funds be squandered. 
It was his duty then to have appointed them in time before the property 
should be inflated by the prospective location, or got possession of by spe- 
culators for the purpose ; and not to have appointed Southworth at all 
under the circumstances. But Southworth is said not to have acted because 
he omitted to take the oath, till things were well under way; and we note 
the fact that Smyth did not qualify till after he had attended three meet- 
ings, and completed the preliminaries of the whole affair by signing the 
act of loan and mortgage of the $65,000, and pledging the notes by in- 
dorsement of his name to the bank. But this examination is not one of 
criminal inquiry; in the forum of the public conscience the one who took 
the oath is not more responsible for his acts than the one who did not. 
Who ever failed to qualify kept out of that board another person who 
might have proved a just representative of the people whose money they 
were spending ; who might have prevented the consummation of the whole 
injurious scheme by dissuasion or exposure. 

The law required the Governor to appoint in place of persons not 
qualifying, and to remove from office any commissioner interested in any 
contract or work whatever connected with the park, directly or indirectly, 
which is characterized as an offense and misdemeanor. 



10 

The portion of the duties of the Governor requiring him to appoint 
instead of any commissioner not qualifying, Acting Governor Dunn com- 
plied with by appointing Joseph H. Wilson. The Board, to gain time, ap- 
pointed Smyth and Pinchback a committee, who fully carry out the purpose 
bv taking six months to investigate and then report there was no vacancy, 
because the Governor said Southworth had not declined. The acts says, 
vacancies caused by neglect or incapacity of qualification shall be filled by 
the Governor, and Southworth's case was either one or the other. 

Southworth, on the twenty-third of December, 1871, appears and acts 
as a member, and also January 31, and March 12, 1872, although he 
does not take the oath of office till April 26, 1872. 

At the meeting of the thirty-first of January, 1872, at whose motion 
does not appear, the Louisiana Savings Bank is authorized to sell $71, 029. 
63 of city securities and have one per cent, commission ; provided it take 
up $54,000 mortgage notes, then about due and bearing mortgage not 
only on the Park, but on the whole Foucher property, including that still 
held by the vendors to the commissioners. There appears to have been 
some anxiety about this, and a similar apprehension appears to prevail in 
the meetings of October 16 and November 18, 1872, relative to the notes 
to be due February 1, 1873, and more markedly relative to the bonds re- 
presenting the unfortunate mortgage on the lower Park, not due till Sep- 
tember 1, 1881. 

It appears that the board had gratuitously resolved to pay one-tenth of 
these bonds every year, although there was no contract to that effect, and no 
parties interested in it appear unless the commissioners themselves were. 
October 16 they apply to Girardey & Co. to know on what terms they will 
take city certificates for this sort of bonds. It will be recollected that 
events were then premonitory of the change of State government, which 
has since occurred. The whole proceedings of October 16 and November 
18, 20 and 22 are indicative of an effort to part with all assets in the shape 
of moneys or securities and to irrevocably transfer others not yet in hand ; 
and the minutes of January 16, 1873, show a movement on Mayor Wiltz 
and the Council to obtain more for the purpose of carrying out their con- 
tracts presumably with Girardey & Co. 

They create a sort of new syndicate by contract with Girardey & Co. , 
— President Gaines, of the Citizen's Bank, declining the part assigned 
him to secure the mortgages due in 1873 and 1874. Girardey & Co. are 
to take care, at least, of those due in 1873, and to convert as many as 
possible of the bonds secured by the doubtful mortgage so far from ma- 
turity, which there seems so much willingness to exchange for depreciated 
city securities. 



11 

This whole proceeding is in violation of the law requiring them to 
deposit with their own bank and pay therefrom. Its effect would be, had 
the present Governor or Legislature removed or abolished them, to keep 
out of the hands of their successors the control of any immediate assets. 
They had gone, or were irrevocably transferred to sink debts and liabilities 
of both kinds, which may happily yet be contested for fraud and invalidity, 
and relative to which it is still a doubt whether it is not best to lose all that 
has been invested rather than complete the onerous bargain. Of course 
these payments, accomplished by such severe efforts on the part of the 
commissioners, tend to lessen the interest of the people in favor of break- 
ing up the thing and increase the probability of their paying the rest of 
the debt without contestation. 

At last accounts sixty-five thousand dollars of the one hundred and 
ninety-five thousand dollars of Lower Park bonds had been exchanged 
for city securities, being more than three times as much as the commis- 
sioners had in the beginning expressed the intention of redeeming ; and 
no engagement is made in the act of mortgage to redeem any till maturity. 
The transfers made, or proposed, prevent all effective expenditures upon 
the Park at present, and are an express violation also of the law requiring 
half of all receipts to be expended on the Lower Park. Paying a mortgage 
for the Upper Park is not appropriating it to the lower one. 

Facts enough, it would seem, have been developed by these matters of 
record to aid dispassionate examiners to come to no uncertain conclusion. 
And that conclusion must arraign Governor Warmoth and all the commis- 
sioners originally appointed, either of designing and carrying out a specul- 
ation of half a million of dollars at the e::pcnse of and to be lost by the 
taxpayers, or so aiding in its accomplishment as to allow only the charitable 
alternative that they were duped and utterly incompetent for a public trust 
of responsibility of a fiduciary nature. 

The public would indeed have naturally expected that men to be in- 
vested with such a trust would have been selected from citizens either 
known for their public spirit or appropriately representing the tax-paying 
interests. It would not have been difficult to find such men in New Orleans, 
men who would have taken an honorable pride in serving the public with- 
out a hope of fee or reward, and who would have refused to carry out a 
stupendous project of gain to individuals. But they were selected from the 
immediate personal surrounders and boon companions of the Executive, 
who basked in the sunshine of his favor, so that it can be scarcely supposed 
for a moment that he was not cognizant of the whole plan from the mo- 
ment of its conception, to its execution, as far as it has gone ; or that any 
of them less than connived with it. 



12 

The great and principal transaction accomplished so eclipses all others 
that it seems a descent to examine points of smaller matters of administra- 
tion. We have no choice, however, having been directed to investigate the 
affairs of the New Orleans Park Commissioners. 

There has been a general looseness in keeping their accounts, although 
they have paid the handsome salary of $2500 per annum in cash to an 
assistant secretary, who has found time to edit a newspaper and could in- 
dulge in much leisure beside. We do not find any record of large appro- 
priations placed in the hands of the secretary for contingent purposes. 
Drafts should have been made on their bank directly and specifically for 
such purposes. We do not find how much has been paid for interest or 
discounts ; what per cent, a month they have allowed for shaving ; nor in 
detail their dates and prices of sale of securities. Some of these matters 
have been learned by personal inquiry, and perhaps all could be, but the 
records of the commissioners, it would seem, should show them plainly 
without the need of such research. 

This committee has not taken any time to investigate matters of hear- 
say, swear witnesses, or attempt further inquiry than has resulted in the pro- 
duction of documents. We waited a long time for the delivery of a report. 
Very singularly, no report of the important proceedings of 1871 was made 
to the Legislature, though expressly required by statute. President Smyth 
naively remarks that it was perhaps their duty to do so, but there was such 
disquiet in public affairs at the opening of the Legislature in 1872, that it 
was not done. We are not aware that there was any public disturbance 
till sometime after the opening, nor any occasion for withholding the re- 
port, if there was, unless it would have furnished material to impeach the 
Executive and remove the commissioners. The report of the present ses- 
sion, the first one, by the way, was not furnished without repeated demands. 
Though dated January 17, 1873, the committee received nothing but apo- 
logy for its non-appearance for some time afterward. And it did not at 
last reach the desks of members till the thirtieth of January. 

It may be a matter of difficulty to decide upon measures necessary to 
be taken in the premises ; and any suggestions we make are submitted 
with deference to the Legislature and a recommendation that members 
give early attention, and before adjournment adopt some solution that will 
be satisfactory and just to the public, even if it be not the plan suggested 
by this committee. 

The debts of the Park principally to be considered are as follows : 



13 

Mortgage notes of $54,000, adding interest, due February 1, 

1874 $ 65,340 

Mortgage notes of $54,000, adding interest, due February 1, 

1875 69,120 

Mortgage notes of $54,000, adding interest, due February 1, 

1876 72,900 

Mortgage notes of $54,000, adding interest, due February 1, 

1877 76,680 

Mortgage notes of $54,000, adding interest, due February 1, 

1878 80,460 

Mortgage notes of $54,000, adding interest, due February 1, 

1879 84,240 

Mortgage notes of $54,000, adding interest, due February 1, 

1880 88,020 

Mortgage notes of $54,000, adding interest, due February 1, 

1881 91,800 

$628,560 

Bonds due in 1881 130,000 

Interest for nine years, if left outstanding, $10,400 per annum 93,600 

$852,160 
If the tax is to be continued, there are seven more years of revenues 
to be considered, so that, dividing the above by the years to ensue, sink- 
ing, there would be $121,737, less, perhaps, some $1300 per annum re- 
duction of interest by anticipation of immatured bonds. Now, the revenue 
is but little over $160,000, even if quite generally paid up, which is, by 
no means, the case, leaving at best hopes only $40,000 a year to run the 
Park with. Considering its miserable condition now, and the embellish- 
ments and improvements it will require to be of any use, the prospects seem 
hopeless. 

The Park tax has been levied three years— collectable, say, in 1870, 
1871 and 1872. That of 1870 was very promptly paid up and disposed of 
as has been shown, being settled in seven-thirty certificates, which were 
sold at a discount. 

The tax of 1871 was partially paid, but had to be refunded on account 
of the five-eighth excess decision of the Supreme Court. The taxes levied 
were — city $1. 75 ; the larger part being for principal and interest of bonded 
debt; Metropolitan, 75 cents; Park, 12^ cents; total $2.62}^ on the 
$100 of valuation. Five-eighths being annulled by the Supreme Court, it 



14 

was considered on the one hand that the Park was cut off, but on the other 
that it should have been considered received as part of the two per cent. 
As the Metropolitan warrants had to be received in any event, and the 
debt and interest paid, the city could not pay this in cash, having nothing 
practically to run with, so the account was settled in new consolidated 
seven per cent, bonds. This is the cause of the difference of opinion, 
whether the city owes, it having not really received for 1871, or having 
had to refund all it did receive. 

For 1872 the city advanced $45, 000 ten per cent, bonds to be returned, 
so that the Park Commissioners could be enabled to meet their February 
notes. The tax due this year had to be received in city paper, there being 
an entire indisposition to pay certain taxes of which the Park tax seems to 
be leadingly obnoxious. 

If the city is charged with the receipts of 1871, it owes the Park Com- 
mission ; if not, the Park Commission is in advance or overpaid. There 
would be no question probably about this, nor about the payment of the 
tax hereafter, were it not for an entire want of confidence on the part of 
the tax-payers in the park management, or that it is in any way an invest- 
ment for the public benefit. Any policy that will leave these grounds of 
dissatisfaction unremoved, would be an incentive to non-payment of taxes 
Tax resisters have based much of their arguments against this particular 
tax. Added to the burden of taxes already very heavy, it can no longer 
be enforced, unless accompanied by popular sympathy and confidence in 
its management, and in its hope of ultimate success. With the retrospect 
of its management and the financial prospect as shown in unerring figures, 
how can such support be expected? 

Had the inquisitorial powers of the Legislature been invoked in this 
examination, the attendance and testimony of witnesses been enforced and 
direct examination pursued to the extent usual in investigating committees, 
a depravity of official morality would have been perhaps developed little 
expected to exist in our enlightened day. The time of your committee 
would not however have admitted of such an investigation during the ses- 
sion, and it would perhaps have been of no essential benefit. The docu- 
mentary record was sufficient to base any necessary legislation upon. 

There is one matter of administration that should be annulled at once. 
We find in the minutes of June 13, 15 and 28, 1872, that President Smyth 
had induced Mr. Bogart, a New York Park engineer, to visit New Orleans, 
and introduced him to the board ; and the board authorized the President 
to contract with Bogart & Culyer, of New York, civil engineers, at five 
thousand dollars a year salary, and five per cent, of the amount expended 



15 

in the improvement of the Park. With such competent engineers in New 
Orleans as D'Hemecourt, Beauregard, W. H. Bell, John Ray, H. C. Brown, 
A. G. Blanchard and a host of others, who know best what could flourish 
in and ornament a landscape in our climate and soil, there is no need of 
introducing either an engineer from abroad, or the corrupt and extravagant 
system of paying a per centage on expenditures — a method not tending 
either to economy or integrity. 

Should it be decided to maintain or continue the Park and the Park 
tax there are several provisions of the Park enactments requiring reform. 
For instance, one section would make them a self-perpetuating body. They 
are not confirmed by the Senate. It is very doubtful if the act is comform- 
able in this particular to article 60 of the constitution ; in other words, 
whether the right to prescribe other modes of appointment means that any 
appointments are to be made by the Governor, not subject to confirmation 
of the Senate, and submitted at next session if made in recess. As the act 
reads, although the Governor appoints originally and in case of non-quali- 
fication, they fill their own vacancies, and can make themselves an inde- 
pendent, separate corporation to administer the Park taxes to the end of 
the five years, unless the Legislature intervene. 

We have not, however, come to the conclusion that any such temporary 
expedients or trifling amendments will serve to make the situation materi- 
ally better. We submit all the documents to which we have found access, 
appearing to bear materially on the matter of investigation ; and we recom- 
mend the earnest attention of members to the necessity of some adjustment 
of Park matters before the adjournment, whether the views arrived at in 
this report be sustained or not. These views, in conclusion, we unequi- 
vocally state to be in favor of repealing the tax, abolishing the Board of 
Commissioners and giving the City Council power to liquidate and close 
out the whole matter. If they should sell the Park property it will, per- 
haps, stimulate enterprise and improvement, induce a great deal of build- 
ing, and thus help trade and industry, and perhaps benefit the city more 
in the long run than the hoped for park for which, without realizing, the 
people's funds have been so shamelessly squandered. 

A bill is herewith submitted, containing a plan which may perhaps effect 
a final settlement of Park matters at an early period. In the ordinary 
course of proceedings in the courts, it would be difficult for years to bring 
this matter to a finality. 

Respectfully submitted. 

MICHAEL HAHN, Chairman; 
L, SEWELL. 



MINUTES OF COMMISSIONERS NEW ORLEANS PARK. 

New Orleans, May 3, 1871. 

The meeting of the Board of Park Commissioners, appointed under 
and by virtue of an act of the General Assembly, approved the sixteenth 
day of March, 1870, was held this day. The following gentlemen appeared 
and produced their commissions : }. R. West, P. B. S. Pinchback, A. W. 
Smyth, H. C. Dibble — leaving one vacancy on the board. 

On motion, duly seconded, J. R. West was elected president of the 
commission. 

On motion, duly seconded, H. G Dibble was elected secretary of the 
commission. 

A motion was carried that the Governor be duly notified of the organ- 
ization of the Board of Commissioners. The following was the vote : 
Yeas — West, Pinchback, Dibble and Smyth. Nays — None. 

On motion, duly seconded, the following resolution was adopted : 

Resolved, That the secretary be authorized to appoint an assistant secre- 
tary at a salary not to exceed two thousand five hundred dollars per annum. 

The following was the vote : Yeas — Pinchback, West, Smyth and 
Dibble. Nays- — None. 

On motion, duly seconded, it was 

Resolved, That the Louisiana Savings Bank and Safe Deposit Company 
be appointed as the bank in which shall be deposited the funds of this 
commission until the further order of this board. 

The following was the vote by which the resolution was adopted: Yeas 
— Dibble, Pinchback, Smyth and West. Nays — None. 

On motion, duly seconded, the following resolution was adopted : 
That a communication be addressed to the Mayor and Administrators 
of the city of New Orleans, notifing them of the organization of this com- 
mission ; that the Louisiana Savings Bank and Safe Deposit Company has 
been duly chosen as the bank in which shall be deposited 'the Park funds, 
and requesting that the funds now in the treasury of the city to the credit 
of the Park fund be turned over to the commissioners of the New Orleans 
Park. The following members voted yes: Dibble, Pinchback, Smyth and 
West. 

On motion, duly seconded, it was 

Resolved, That the secretary cause the several laws relative to the Park 
to be printed in pamphlet form. The following members voted yes : 
Dibble, Pinchback, Smyth and West. 



17 

On motion, duly seconded, the commission then adjourned, to meet 
to-morrow evening, May 4, at 7 o'clock. 

(Signed) WM. G. BROWN, Assistant Secretary. 



New Orleans, May 4, 1871. 

The board meet this day pursuant to adjournment, the President in the 
chair and Messrs. Dibble, Pinchback and Smyth present. 

The minutes of the last meeting were read and approved. 

A communication from his Excellency the Governor, transmitting a 
communication and accompanying documents addressed to him by the 
commissioners appointed to locate the site for a State House and for the 
city Park, was submitted by the President. 

On motion, duly seconded, the letter was received and the documents 
ordered to be spread upon the minutes : 

Office of the Commissioners on State House, 

New Orleans, April 12, 1871. 

To his Excellency H. C. Warmoth, Governor of Louisiana : 

Sir — I herewith furnish your Excellency, as directed by resolution of 
the Board of Commissioners, held at their office on the 12th inst. , a certi- 
fied abstract of the proceedings of said board in reference to the location of 
a public park in the city of New Orleans, Messrs. Pinchback, Antoine, 
Barrett and Faulkner being a majority of the board being present and 

acting. 

Respectfully, 

(Signed) JAMES M. CARTER, Secretary. 



ABSTRACT OF PROCEEDINGS OF MEETING OF BOARD OF COMMIS- 
SIONERS ON STATE HOUSE, HELD APRIL 12, 1871, AT THEIR 
OFFICE. 

?(i 5jC 5(C 5(C 5(t 5fC 5jC SfC 

Commissioners submitted the subjoined agreement relative to the lo- 
cation of a public park in the city of New Orleans, signed by five of the 
Board of Commissioners with the resolution attached thereto. The agree- 
ment was accepted and resolution adopted. 

AGREEMENT RELATIVE TO PUBLIC PARK. 

Whereas, according to the provisions of an act entitled an act to amend 
and re-enact sections one. twelve and seventeen of an act to establish a 



18 

public park for the city of New Orleans, to provide means therefor, ap- 
proved March 16, 1870 : 

The commissioners appointed under and in accordance with the provi- 
sions of an act entitled an act creating a commission to locate the site for 
a State House in the city of New Orleans, to purchase the necessary grounds 
therefor, and making an appropriation to pay for such grounds and to build 
a State House and other buildings necessary for State purposes and im- 
proving the same, No. 31 of the session acts of 1871, are required and 
directed to fix and determine, within the corporate limits of the city of 
New Orleans, a site for a public park ; and 

Whereas, a city park has been located near and between the rear ter- 
minus of the great and southern thoroughfares of the city — Canal and 
Esplanade streets — affording a convenient place for pleasure and recreation 
for the inhabitants of the middle and southern portions of the city ; and 

Whereas, it is but just and proper that another city park should be 
established in the upper part of the city, on the great thoroughfare (St. 
Charles avenue) leading through that portion of the city for similiar pur- 
poses; and 

Whereas, after a careful examination, a suitable piece of ground in 
the extreme upper portion of the city, adjoining Carrollton, and lying 
between St. Charles avenue and the Mississippi river, containing about five 
hundred acres of high ground, and mainly unoccupied by buildings, exists, 
known as a portion of the Foucher tract of land, that in every point of 
view, location, high grounds and free from buildings, presents the most 
favorable point for a city park of any piece of ground in that, or, in fact, 
any other portion of the corporate limits of the city : 

It is therefore agreed by the said commissioners that, in pursuance of 
the authority vested in the commissioners by the acts of the General As- 
sembly, referred to in the preample hereto, that the City Park they are 
authorized to locate, be fixed and determined on that portion of the tract 
of land known as the Foucher tract, bounded above by the City of Carroll- 
ton, and lying between St. Charles avenue and the Mississippi river, and 
adjoining both, containing about five hundred acres. 

In testimony whereof, the members present of said commissioners, 
being a majority thereof, have hereunto signed their names on the eleventh 
day of April 1871. 

(Signed) JOHN RAY, 

A. W. FAULKNER, 
W. B. BARRETT, 
P. B. S. PINCHBACK, 
C. C. ANTOINE. 



19 

Resolved, That the preamble and agreement fixing and determining 
the location of the public park hereto annexed and made a part hereof, be 
and the same is hereby adopted by the commissioners in their corporate 
capacity, and that said agreement be attached to this resolution and spread 
upon the minutes of the Board of Commissioners. 

Voted that the Secretary of the board be instructed to furnish to his 
Excellency the Governor, to his honor the Mayor of the city of New 
Orleans, and to the owners of the property selected for the Park, certified 
copies of the above agreement and resolution relative to the location of 
the public park in the city of New Orleans. 

I certify the foregoing to be a true copy taken from the minutes. 

(Signed) JAMES CARTER, 

Secretary of the Board of Commissioners. 



A communication signed by Messrs. M. A. Southworth and R. Bloomer, 
proposing to sell the property upon which the Park has been located, was 
read, received and ordered to be spread upon the minutes: 

New Orleans, La. , May 4, 1871. 

To the President and Members of the Board of Park Commissioners of the city of New 
Orleans : 

Gentlemen — We hereby offer to sell you, within the next five days, that 
portion of land known as the Foucher property, lying between St. Charles 
avenue and the Mississippi river, and upon which the New Orleans City 
Park has been located, with all the rights of accretion and batture, and 
embracing about five hundred and fifty acres, for $1,500,000, on the fol- 
lowing terms and conditions : $150,000 cash, you to assume nine notes for 
$60, 000 each, bearing seven per cent, interest, the first payable February 
1, 1872, and one annually thereafter until all are paid, $810,000, the re- 
mainder to be paid in eight per cent, bonds of the commission, secured 
by mortgage on the property. 

We have the honor to be your obedient servants, 

M. A. SOUTHWORTH, 
R. BLOOMER. 
On motion, duly seconded, it was 

Resolved, That a committee of three be appointed by the President on 
appraisement and valuation. 

The following was the vote : Yeas — Dibble, Pinchback, Smyth, West. 
Nays — None. 



20 

The President appointed Messrs. Smyth, Pinchback and Dibble. 

On motion, duly seconded, the following resolution was adopted : 

That the Committee on Appraisements be instructed to examine ex- 
perts with the view of determining the value of the property upon which 
t;ie Park has been located. Yeas — Pinchback, Dibble, Smyth and West. 

On motion, duly seconded, it was 

Resolved^hat the President be instructed to employ Wm. Grant, Esq. , 
as the attorney of the board, and to contract to pay him $1000 for his ser- 
vices until the first day of January, 1873. Yeas — Pinchback, Dibble, 
Smyth and West. 

On motion, duly seconded, it was 

Resolved, That the commissioners make a contract with M. A. South- 
worth and Robert Bloomer for the refusal for the period of ninety days of 
the property described in the communication from the commissioners to 
fix the site of the State House, and which has been selected as the location 
of the New Orleans Park. 

This contract to stipulate that in consideration of the refusal of said 
property for said period, the commissioners will advance to said parties the 
sum of $65,000; the contract further to stipulate that the money shall be 
returned at the expiration of the period named if the property is not 
bought, and to be secured by a claim of mortgage upon said property to 
be executed by said parties in favor of the commissioners. The following 
members voted yea : Dibble, Pinchback, Smyth and West. 

The board then adjourned until Saturday, May 6, at 12 o'clock noon. 

WM. G. BROWN, Assistant Secretary. 



New Orleans, May 6, 1871. 

The board met this day pursuant to adjournment, the President in the 
chair, and Messrs. Dibble, Pinchback and Smyth, members. 

The minutes of the last meeting were read and approved. 

The Secretary laid before the commission a notarial act prepared by 
P. C. Cuvellier, notary public, signed by the commissioners and by M. A. 
Southworth and Robert Bloomer, in conformity to the resolution adopted 
at the last meeting of the board. 

On motion, duly seconded, it was 

Resolved, That the contract be approved, the loan ordered to be made 
and a copy Of the contract be transcribed upon the minutes. Yeas — Dibble, 
Smyth, Pinchback and West, 



91 

[Copy of the Contract.] 
United States of America, State of Louisiana, 

City of New Orleans. 

Before me, Pierre Charles Cuvellier, notary public, in and for this city 
and parish of Orleans, duly commissioned and sworn, and in the presence 
of witnesses hereinafter named and undersigned, personally came and ap- 
peared Messrs. Joseph R. West, Henry C. Dibble, Pinkney B. S. Pinchback 
and Andrew W. Smyth, of this city, herein acting and stipulating in their 
capacities as the Commissioners of the New Orleans Park ; and Messrs. 
Malek A. Southworth and Robert Bloomer, also of this city, herein sever- 
ally stipulating in their respective proper name and behalf, who severally 
declared that they have mutually covenanted and contracted and agreed, 
and by these presents do covenant, contract and agree, by and between 
themselves as follows : 

Whereas, the commissioners for the selection and location of a site for 
the State House have, in virtue of the power in them vested by law, selected 
and designated as the location of the New Orleans Park, the following 
described track of land, within the limits of the Sixth District of the city 
of New Orleans : 

The tract of land known as the Foucher property, lying and being be- 
tween St. Charles avenue and the Mississippi river and the lower line of 
Greenville and the upper line of Burtheville, with all the rights of batture 
and accretion thereto appertaining, and embracing about five hundred and 
sixty arpents, more or less ; 

Whereas, the said M. A. Southworth and R. Bloomer are tne present 
owners of said property — -now, for and in consideration of an advance in 
ready money as a loan, which the said commissioners of the New Orleans 
Park have agreed and do hereby agree to make to the said Southworth and 
Bloomer, the sum of sixty-five thousand dollars in the proportion to each 
of said Southworth and Bloomer, of their respective interest in said above 
described property, the said M. A. Southworth and R. Bloomer hereby 
agree and bind themselves, their heirs and assigns, to give to the said 
Commissioners of the New Orleans Park for the term and period of ninety 
days from the day of the date hereof the refusal of the purchase of the 
said property from them, the said Southworth and Bloomer, their heirs and 
assigns. 

And in liquidation of the said sum of sixty-five thousand dollars to 
them advanced as aforesaid, and the receipt whereof they acknowledge, the 
said M. A. Southworth and Robert Bloomer have made and subscribed 
jointly a promissory note, dated this day, payable to the order of the said 



22 

Commissioners of the New Orleans Park, in ninety days after date, which 
note for said sum of sixty-five thousand dollars has been paraphed ne varietur 
by me the said notary, in order to identify the same herewith, and delivered 
to the said commissioners here present who acknowledge possession of the 
same. 

And as security for the payment and reimDursement of the said sum 
evidenced by the said note, and of eventual interest and costs, the said 
M. A. Southworth and Robert Bloomer do jointly mortgage and specially 
hypothecate the said hereinabove described property, in favor of the said 
commissioners, or any lawful holder of the aforesaid note ; furthermore 
binding and obligating themselves, their heirs and assigns not to alienate or 
encumber the said property, or any part thereof, to the prejudice of the 
stipulation contained in this act. 

The production of the certificate of mortgage, otherwise required by 
the Civil Code of this State, is hereby dispensed with by the parties hereto. 

United States internal revenue stamps, of the value of sixty-five dollars, 
are hereon affixed and canceled. 

Thus done and passed in my office at the said city of New Orleans, in 
the presence of Messrs. Warren Van Norden and William Grant, witnesses 
of lawful age, and domiciled in this city, who hereunto sign their names 
together with said appearers and me the said notary, on the sixth day of 
May, in the year of our Lord one thousand six hundred and seventy-one. 

(Signed) J. R. WEST, 

P. B. S. PINCHBACK, 
HENRY C. DIBBLE, 
M. A. SOUTHWORTH 
R. BLOOMER, 
W. VAN NORDEN, 
WILLIAM GRANT. 

P. Charles Cuvellier, Notary Public. 



The following resolution was upon motion duly seconded and adopted: 
That a communication be addressed to the Mayor and Administrators 
of the city of New Orleans, notifying them that the commissioners are now 
ready to assume control of any property which the city may be prepared to 
turn over to the Park Commissioners. The following was the vote : Yes — 
Dibble, Pinchback, Smyth and West. 

On motion, duly seconded, it was 

Resolved, That the secretary be instructed to rent and fix up suitable 



S3 

offices for the commissioners. The following members voted yes — Dibble, 
Pinchback, Smyth and West. No — none. 

On motion, duly seconded, it was 

Resolved, That the sum of two thousand dollars be and the same is 
hereby appropriated for contingent expenses, to be drawn upon the order 
of three commissioners, and placed to the credit of the secretary of the 
board, he to make a detailed report" to the commissioners of the expendi- 
ture of such moneys. The following was the vote : Yes — Dibble, Pinch- 
back, Smyth, West. 

On motion, duly seconded, it was 

Resolved, That the attorney of the commissioners be requested to make 
a report to the commissioners on or before the first day of June, 1871, 
upon the validity of the titles to the Foucher property, upon which the 
New Orleans Park has been located, being that property. The following 
members voted : Yes — Dibble, Pinchback, Smyth and West. No — none. 

On motion, duly seconded, the board adjourned subject to the call of 

the President. 

WM. G. BROWN, Assistant Secretary. 



New Orleans, July 1, 1871. 

Pursuant to a call of the president the board met this day. Present — 
J. R West, president; A. W. Smyth, P. B. S. Pinchback and H. C. Dibble. 

The minutes of the last meeting were read and approved. 

The secretary reported that, in conformity to a resolution of the board, 
he had reported to the Mayor and Council the formation of this board and 
their readiness, to undertake the discharge of the duties incumbent on 
them by law. 

The secretary also reported the receipt of a letter from the attorney of 
the commissioners relative to the validity of the title to the Foucher pro- 
perty, which was received and ordered to be spread upon the minutes : 

New Orleans, June 6, 1871. 
Hon. J. R. West, President Park Commissioners, New Orleans. 

Dear Sir — In accordance with a resolution of your board, I have made 
a thorough examination of the title of the Foucher property, the purchase 
of which you have in view, and find it perfect. The property has been 
transmitted by regular chain of title from the original Spanish grant, and 
was legally vested in the succession of Foucher, at the time of the purchase 
by M. A. Southworth and Robert Bloomer, your grantors. 
I am, yours respectfully, 
(Signed) WILLIAM GRANT, 

Attomev for the Commissioners. 



24 

The Committee on Appraisement and Valuation reported, submitting 
the following opinions of experts and real estate agents, which were unani- 
mously received and ordered to be spread upon the minutes : 

OPINIONS OF EXPERTS. 

New Orleans, June 14, 1871. 

Gen. jf. R. West, President Board of Park Commissioners : 

Sir — In conformity with your request we have carefully examined the 
property situated in the Sixth District, forming part of the Foucher tract, 
and extending from St. Charles avenue to the Mississippi river (including 
the right of batture), and measuring, according to certificate of survey of 
Louis H. Pilie, surveyor, dated June 12, 1871, three hundred and thirty- 
four (131-30) arpents. 

After mature deliberation and consultation, and a full exchange of 
ideas, we hereby appraise the said tract of land at one thousand dollars per 
arpent, making a total valuation of three hundred and thirty-one thousand 
four hundred and thirty-three dollars and thirty-three cents, and respectfully 
submit the same as a liberal appraisement. 

(Signed) ' SAMUEL S. GREEN, 

G. De FERIET, 
NASH & HODGSON, 
C. W. CULBERTSON, 

Appraisers. 



New Orleans, May 9, 1871. 

To the Park Commissioners : 

Gentlemen — Having been desired to give my opinion, as a real estate 
agent, as to the value of that portion of the Foucher property lying be- 
tween St. Charles street and the Mississippi river, I concurred with Mr. N. 
H. Thomas in stating that I considered three thousand dollars per acre a 
fair valuation for the same. I have since made a calculation based upon 
actual sales, and upon the known value of lots and squares in its vicinity 
and which I herewith submit. This calculation makes the average value 
per acre $2971, assuming twelve lots (30x120) to be a fraction less than 
an acre, or less than $251 per lot throughout. 

I have assumed the tract to be divided into squares of 20 lots each 
(which, taking large and small, I think the proper proportion) and have 
valued them in their parallel with the river. As you will perceive, the 
the Squares on St. Charles street I have placed at $12,000. I doubt if any 
could be purchased at anything near this figure. Those on each side of 



25 

Magazine street, at five, six and seven thousand dollars. Squares near 
them have been sold lately at from $300 to $400 per lot. The immediate 
squares between St. Charles and Magazine streets are less valuable, and 
some I have placed as low as $2000. A few of these squares, in isolated 
instances (according to the nature of the ground), may be over or under 
the estimate accompanying this, but I can say with confidence that I con- 
sider the average price named a fair valuation. 

Were it known certainly that the Park would be there located, I am 
confident the prices named would more than double at once. In valuing 
the whole tract on the above basis, the streets dividing the squares must be 
taken of course into account, as of equal value. 

I have the honor to be, gentlemen, your obedient servant, 

(Signed) H. W. W. REYNOLDS. 

FOUCHER PROPERTY, BETWEEN ST. CHARLES STREET AND THE 
RIVER, DIVIDED INTO SQUARES OF TWENTY LOTS EACH. 



Tier. 


Value 


Value 


Number of 


Value 


per Lot. 


per Square. 


Squares Each. 


per Tier. 


*1 


$600 


$12,000 


5 


$60,000 


2 


350 


7,000 


5 


35,000 


3 


180 


3,600 


5 


• 18,000 


4 


150 


3,000 


5 


15,000 


5 


150 


3,000 


5 


15,000 


6 


100 


2,000 


5 


10,000 


7 


100 


2,000 


6 


12,000 


8 


150 


3,000 


6 


18,000 


9 


200 


4,000 


6 


24,000 


10 


250 


5,000 


7 


35,000 


tH 


350 


7,000 


7 


49,000 


12 


350 


7,000 


7 


49,000 


13 


300 


6,000 


7 


42,000 


14 


300 


6,000 


8 


48,000 


15 


250 


5,000 


8 


40,000 


16 


200 


4,000 


8 


32,000 


17 


200 


4,000 


4 


16,000 


18 


175 


3,500 


2 


7,000 




106 


$525,000 



* Commencing at St. Charles street. 



t Commencing at Magazine street. 



26 

Average price per square of twenty lots $4, 952. 00 

Price per lot 247.60 

12 

Price per acre (twelve lots 30 by 120) being about 

equal to one acre. . . .* $2,971.20 



New Orleans, May 13, 1871. 

Gentlemen — Having examined that tract of land known as the Foucher 
property, and situated near Greenville, and extending from St. Charles 
avenue to the river, I think, being as above stated and well acquainted with 
the locality, that the place is worth, bought in block, from four to five 
thousand dollars per acre. 

I remain, gentlemen, your obedient servant, 

(Signed) T. G. BURTHE. 



To the Park Commissioners of the City of New Orleans : 

Gentlemen — I have examined that property near Carrollton on the river 
side of St. Charles street, known as the Foucher property, and consider 
that it is worth from two thousand to twenty-five hundred dollars per acre. 

Very respectfully, your obedient servant, 

(Signed) ISIDORE NEVILLE. 



To the Park Commissioners of the city of New Orleans : 

Gentlemen — I have examined the tract of land known as the Foucher 
property, situated in the city of New Orleans, and lying between St. 
Charles avenue and the Mississippi river, containing between five and six 
hundred acres, and that in my opinion said land is worth three thousand 
dollars per acre. 

Having been engaged in the real estate business for many years, my 
opinion of the value of said land is based upon sales made of lands in 
that vicinity. Respectfully yours, etc. , 

(Signed) GEORGE P. BOWERS. 



To the Park Commissioners of the city of New Orleans : 

Gentlemen — From a long residence in the city of New Orleans, and 
familiar with the property known as the Foucher tract, bounded by the- 
Mississippi river and St. Charles avenue, my opinion is that three thousand 



27 

dollars per acre would be a reasonable value for said land — said land being 
of a superior quality and location, and property in the vicinity in great 
demand. Respectfully, 

(Signed) R. CONWAY. 



To the Park Commissioners of the city of New Orleans . 

Gentlemen — At the request of several gentlemen I have examined the 
tract of land known as the Foucher property, lying between St. Charles 
avenue and the Mississippi river, and consider that it is worth between 
twenty-five hundred and three thousand dollars per acre. 

(Signed) W. H. THOMAS, 32 Carondelet street. 



To the Park Commissioners of the city of New Orleans : 

Gentlemen — Having resided in this city for many years, and being con- 
versant with the value of real estate, especially in the Fourth District, I 
have examined the Foucher property, and from the location and advan- 
tages it possesses, being bounded by St. Charles avenue and running to the 
Mississippi river, with an extended front on said Mississippi river, and 
from sales that have been made in the vicinity of said Foucher tract, I re- 
gard said land worth, at a fair valuation, three thousand dollars per acre. 

Respectfully yours, etc., 
(Signed) ' J. VIOSCA. 



To the Park Commissioners of the city of New Orleans : 

Gentlemen — I am well conversant with the price of property in the Sixth 
District. I have examined the tract of land known as the Foucher pro- 
perty, lying between St. Charles street and the Mississippi river, and con- 
taining about five hundred acres, and think it is worth three thousand 
dollars per acre. Property in that vicinity is increasing in value very rapidly. 

Respectfully, 
(Signed) W. R. FISH. 



To the Park Commissioners of the city of New Orleans : 

Gentlemen — The tract of land known as the Foucher property, situated 
in the city of New Orleans, fronting on St. Charles avenue, has such supe- 
rior advantages in location, and being high and rolling ground, and the 
increasing demand for property in that vicinity make said land very valu- 



28 

able, and is worth at least four thousand dollars per acre ; in fact, sales 
have been made recently at even a greater rate. 

Respectfully yours, etc. , 
(Signed) A. B. SEELYE. 

To the Park Commissioners of the city of New Orleans. 

Gentlemen — I have examined the property known as the Foucher pro- 
perty, situated in the city of New Orleans, lying between St. Charles 
avenue and the Mississippi river, and in my opinion, said tract of land 
embraces between five and six hundred acres, and it is worth, at a fair 
valuation, three thousand dollars per acre. Having resided in that vicinity 
for many years, I am acquainted with the value of land in that vicinity. 

Respectfully yours, 
(Signed) A. G. BRICE 

To the Park Commissioners of the city of New Orleans . 

Gentlemen — Having personally examined the tract of land designated 
as the Foucher property, situated in the city of New Orleans, and extend- 
ing from St. Charles avenue to the Mississippi river, and from long acquaint- 
ance with said land and knowledge of sales made in that vicinity, it is my 
opinion that said Foucher land is worth five thousand per acre, and that 
that is a fair valuation for the same. 

I am, with respect, your obedient servant, 

(Signed) A. BOULIGNY. 



To the Park Commissioners of the city of New Orleans : 

Gentlemen — Having frequently examined the tract of land situated in 
the city of New Orleans, known as the Foucher property, bounded by St. 
Charles avenue and the Mississippi river, and from its location and advan- 
tages, with an extended river front and the demand for property in that vic- 
inity, I am of the opinion that three thousand five hundred dollars per 
acre is a reasonable value for said land. 

Respectfully, ect, 
(Signed) 



The President was requested to communicate with the City Council, 
calling their attention to the fact that no official reply had been received 
by the board in answer to its letter to the City Council. 



29 

On motion, duly seconded, it was 

Resolved, That the sum of thirty thousand dollars be set apart for the 
improvement of the City Park in the Second District. The following 
members voted yes : Dibble, Pinchback, Smyth and West. 

On motion, duly seconded, it was 

Resolved, That the secretary pay out of the contingent fund the sum of 
four hundred and fifty dollars for the appraisement of the Foucher pro- 
perty. The following members voted yes : Dibble, Pinchback, Smyth and 
West. 

On motion, duly seconded, the following resolution was adopted : 

That the president appoint a committee of two on construction to make 
the necessary improvements to the Second District Park. The following 
was the vote : Dibble, Pinchback, Smyth and West. 

The commission then adjourned, subject to the call of the President. 

(Signed) WM. G. BROWN, Assistant Secretary. 



New Orleans, August 3, 1871. 

According to call of the president the commissioners met this day. 
The following gentlemen were present : J. R. West, president ; Dibble, 
Pinchback and Smyth. 

The reading of the minutes of the last meeting was dispensed with. 

The president laid the following communication before the board : 

New Orleans, August 3, 1871. 

Hon. J. Rodney West, President Board Commissioners of the New Orleans Park : 

Hon. Sir — I beg to notify you that I was commissioned by the Chief 
Executive of this State, on the twelfth day of July, 1871, and qualified 
the following day, as one of the commissioners authorized by act No. 84, 
of 1870. 

I have therefore to request you will duly notify me of the time and 
place of meeting of said board, and grant me such facilities as will enable 
me to be so informed concerning the business thus far transacted, that I 
may act advisedly relative thereto. 

And I have the honor to remain your obedient servant, 

(Signed) JOSEPH H. WILSON. 

On motion, duly seconded, it was 

Resolved, That the president be requested to acknowledge the receipt 
of Mr. Wilson's letter, and to inform him that the commissioners had not 



30 

been officially notified of his appointment, and that he will be duly advised 
of the next meeting of the board, and be requested to present his creden- 
tials. 

The following was the vote : 

Yeas — Dibble, Pinchback, Smyth and West 

Nays — None. 

On motion, duly seconded, it was 

Resolved, That the property known as the Foucher estate, in the Sixth 
District in the city of New Orleans, which has been selected by the com- 
mittee of the State Legislature, pursuant to law, as the location for a public 
park, be purchased from the owners, Messrs. Robert Bloomer, C. E. 
Girardey and M. A. Southworth, upon the terms and conditions expressed 
in the act of sale, of which the following is a true copy : 

[Copy of Sale.] 

State of Louisiana, Parish of Orleans, 

City of New Orleans. 

Be it known that on the fifteenth day of August, in the year one thou- 
sand eight hundred and seventy-one, before me Martin L. Ainsworth, a 
notary public, in and for the parish of Orleans, State of Louisiana, duly 
commissioned and qualified, representing Pierre Charles Cuvellier, also a 
notary for said parish of Orleans, now on leave of absence by executive 
authority, and in the presence of the witnesses hereinafter named and 
undersigned, personally came and appeared Messrs. Malek A. Southworth 
and Robert Bloomer, of this city, by Camille E. Girardey, also of said city, 
acting in their name ar.d behalf as the agent and attorney in fact of Robert 
Bloomer and Mrs. Newton Sedler, his wife, in virtue of a power of attor- 
ney, executed before P. C. Cuvellier, a notary in this city, on the first day 
of July, 1871, and as the agent and attorney in fact of said Southworth by 
power of attorney before said Cuvellier, notary, on the 12th day of August, 
1871 ; and the said Camille E. Girardey herein acting in his own name 
and behalf, as well as on behalf of the firm of C. E. Girardey & Co. , (com- 
posed of himself, Thomas L. Macon and Nicholas J. Hoey), who declared 
that for the price and upon the terms and conditions hereinafter expressed 
and specified, they do by these presents jointly sell, convey, tranfer, assign 
and set over, under all the warranties of law, and with substitution and 
subrogation to all their (said Southworth, Bloomer and Girardey & Co. s) 
rights, title, claims, and actions in warranty against their vendors and the 
vendors or the authors of their vendors, unto the Commissioners of the 
New Orleans Park, a body corporate, created by an act of the Legislature 



31 

of this State, entitled " an act to establish a public park for the city of New 
Orleans, and to provide means therefor, " approved March 16, 1870, being 
act No. 84 of the extra session of the General Assembly, begun and held 
in the city of New Orleans, March 7, 1870, amended by an act entitled 
' ' An act to amend and re-enact sections one, twelve and seventeen of an 
act entitled an act to establish a public park for the city of New Orleans, 
and to provide means therefor," approved March 16, 1870, said latter act 
approved April 6, 1871, the following described property, to wit : 

That certain tract of land situated, lying and being in the Sixth District 
of the City of New Orleans and bounded by the Mississippi river, the 
middle of Nayades street, on St. Charles avenue, the lower line of Green- 
ville and the upper line of Burtheville, containing about three hundred 
and seventy arpents (more or less) superficies, having (French measure) 
the following stated dimensions, viz : A width and front on a line in the 
middle of the public road of two thousand two hundred and fifty-nine feet, 
or twelve arpents and ninety-nine feet ; then on the upper boundary of said 
tract or lower line of Greenville, five thousand and sixty-two feet and two 
inches from the middle of the public road to the middle of St. Charles 
avenue ; then on the lower boundary of said tract, or upper line of Burthe- 
ville, five thousand three hundred and sixty-four feet eleven inches from 
said middle of the public road to said middle of St. Charles avenue, with 
all the rights of batture, ways, privileges, servitudes and apurtenances, and 
other hereditaments to the said tract as above defined, belonging or in any 
wise appertaining. 

The measurement above given, in conformity with a plan or diagram 
made and signed by J. A. D'Hemecourt, deputy surveyor of this city, dated 
the eighth of March, 1870, and annexed and made part of the inventory 
of the estate of Louis F. Foucher, Marquis de Circe, taken by Francis J. 
Laizer on the twelfth of March, 1870, a copy of which inventory is on file 
in the Second District Court for the parish of Orleans, in the matter of the 
succession of said late L. F. Foucher, Marquis de Circe, No. 33,781 of the 
docket of said court; which said herein conveyed tract of land belongs to 
the present vendors in the proportion of five undivided sixths to said 
Southworth, and one undivided sixth to said Bloomer, by means of the 
purchase which they jointly made of a large tract of land from Mrs. Marie 
Marguerite Felicie Burthe, widow of the late L. F. Foucher, Marquis de 
Circe, and Mrs. Aline Delachaise, wife of Francois Dugue, by an act passed 
before Edward G. Gottschalk, a notary public in this city, on the sixth of 
May, 1871, registered in the office of Conveyances and recorded in the 
office of Mortgages in this city, to wit : In the former in book 99, folios 556 
and 557, and in the latter in book 91, folio 548, and by an act executed on 



32 

the twelfth of August, 1871, before Mr. Marcel T. Ducros, a notary in this 
city, on the twelfth of August, 1871, registered in Conveyance office in 
book 100, folio 175, the said M. A. South worth sold and conveyed five- 
eighteenths, or one-third of his said Southworth's interest in said property 
to said Girardey & Co. 

And no alienation of their share in said land has heretofore been made 
by said Southworth, Bloomer, or Girardey & Co. , as shown by the here- 
unto annexed certificate from said Conveyance office. 

And the said Commissioners of the New Orleans Park hereby accept 
the sale of said above described property, and acknowledge delivery and 
possession thereof as purchasers for the said corporation and its legal suc- 
cessors and assigns, under and by virtue of a resolution of said Board of 
Commissioners, passed on the fifteenth day of August, 1871, a duly authen- 
ticated copy of which is hereto annexed for reference, in and by which re- 
solution this contract is ordered to be executed, on the terms and con- 
ditions hereinafter set forth, and the mortgage ordered to be given as is 
stated in this act, upon the property presently purchased as well as upon 
that known as the City Park, more fully described hereinafter, and Messrs. 
Joseph Rodney West, Pinkney B. S. Pinchback, Henry Clay Dibble, 
Andrew W. Smyth were and are authorized to appear on behalf of said 
board for the purposes aforesaid. 

This sale is made for and in consideration of the price and sum of eight 
hundred thousand dollars, paid and payable in the manner following, to 
wit : 

The purchasers have paid in current money to the vendors, who acknow- 
ledge receipt thereof, and grant acquittance and discharge therefor, the sum 
of sixty-five thousand dollars. 

They hereby assume and bind themselves, a corporate body as afore- 
said, to take up and pay in the place and stead, and to the acquittance and 
discharge of the said Southworth and Bloomer, those twenty several pro- 
missory notes, made in solido by said M. A. Southworth and Robert 
Bloomer, to their own order and by them indorsed, all dated first of Feb- 
ruary, 1871, each for twenty-seven thousand dollars, made payable at the 
Citizens' Bank of Louisiana, in this city, respectively, two in one year, two 
in two years, two in three years, two in four years, two in five years, two in 
six years, two in seven years, two in eight years, two in nine years, and two in 
ten years after date, (divided into two series of ten notes each, respectively, 
marked by the letter A and the letter B), and stipulating to bear interest 
at the rate of seven per cent, per annum, from date until final payment ; 
which said notes are the same, the payment of which is secured by the 



33 

mortgage and privilege resulting from the act of purchase of said Southworth 
and Bloomer aforesaid, and the purchasers assume said mortgage and priv- 
ilege in full, together with the various clauses securing the payment of said 
notes and penalties in event of non-payment of said notes, or all of them, 
as set forth and recited in said act. 

And in final liquidation and settlement of the balance of said price the 
purchasers have made, executed and delivered, one hundred and ninety-five 
bonds, dated first September, 1871, numbered respectively from one to 
one hundred and ninety-five, both inclusive, in the sum of one thousand 
dollars each, payable to the said C. E. Girardey, or bearer, ten years from 
the date thereof, and bearing interest at the rate of eight per cent, per 
annum, payable semi-annually on the first day of March and September 
of each year, at the Citizens' Bank of Louisiana ; said interest evidenced 
by interest coupons attached to said bonds falling due and being payable 
according to the tenor thereof, which bonds are issued by the said New 
Orleans Park Commissioners according to the laws authorizing the same, 
and are signed by the President and Secretary of said Board of Commis- 
sioners. 

It is further agreed, understood and stipulated by and between the 
parties to this act as conditions to this sale, that in addition to said price 
the said purchasers assume and bind themselves to pay the taxes due on 
the said property as described, set forth and assumed by said Southworth 
and Bloomer in their act of purchase, being city, State and drainage taxes, 
now unpaid, to the entire acquittance and discharge of the present vendors. 

That to secure the payment of the aforesaid bonds in principal and 
interests and all costs, and also to guarantee the faithful execution of all 
the conditions of this act, the property herein conveyed is hereby and shall 
remain specially mortgaged and affected with privilege in favor of the said 
vendors, and of any future holder or holders of the bonds aforesaid, their 
successors or assigns, not to alienate, deteriorate or encumber the said pro- 
perty or any part thereof to the prejudice of this act. 

And the said commissioners, for the purpose of securing the faithful 
payment of the said one hundred and ninety-five bonds, given in part pay- 
ment of the price aforesaid and interest coupons attached, as they shall fall 
due, do, by virtue of the act of the Legislature of Louisiana, approved 
March 16, 1870, mortgage and hypothecate in favor of the present or any 
future holder or holders of said bonds, all and singular, the following des- 
cribed real estate, with the improvements thereon, and the rights, ways and 
servitudes thereto belonging : 

All that certain portion of ground, situated in the city of New Orleans, 
between Lake Pontchartrain and the Mississippi river, known as the City 



34 

Park, which said portion of ground has four thousand three hundred and 
thirty-five feet six inches front on the old and new Metairie roads, and a 
depth of seventeen hundred feet, and contains one hundred and seventy- 
three and seventy-three one-hundredths acres, more or less, being the same 
property which the city of New Orleans acquired from the succession of 

John McDonogh, by an act passed before , a notary in this city, 

on the — day of — , 18 — , (C. O. B. fo. — ), and constituted a city park by 
said city of New Orleans. 

And by reference to the hereto annexed certificates, from the office of 
Mortgages for this parish, it will appear that said property is encumbered 
by the mortgage granted by said Bloomer and Southworth by their said act 
of purchase herein assumed by said present purchasers as aforesaid, and the 
assumption of a portion of said mortgage taken by Girardey, Macon and 
Hoey, in their act of purchase, and included in the general assumption of 
the whole mortgage by the present purchasers ; by the mortgage granted 
by Southworth and Bloomer in favor of J. R. West et als, by act before P. 
C. Cuvellier, notary, dated sixth of May, 1871, to secure sixty-five thousand 
dollars, which has been paid out of the cash of this sale, and said mortgage 
will be immediately canceled. 

United States internal revenue stamps of the value of eight hundred 
dollars are hereon affixed and canceled. 

Thus done and passed at New Orleans aforesaid, on the day, month 
and year hereinbefore written, in the presence of Benjamin Ory and George 
Martin, competent witnesses of lawful age, who hereunto sign their names 
with the appearers and me, notary, after reading thereof. 

(Original signed) J. R. WEST, 

A. W. SMYTH, 

P. B. S. PINCH BACK, 

GEORGE MARTIN, 

CAMILLE E. GIRARDEY, 

BENJAMIN ORY, 

M. A. SOUTHWORTH. 

, Notary Public. 



A true copy. 



New Orleans, September 17, 1871. 



The following was the vote on the adoption of the resolution : Yeas- 
Dibble, Pinchback, Smyth and West. 



35 

On motion, duly seconded, it was 

Resolved, That there be and is hereby authorized by the Commissioners 
of the New Orleans Park an issue of two hundred bonds, of the sum of 
one thousand dollars each, dated first day of September, 1871, payable 
September 1, 1881, with interest at eight per cent, per annum, payable 
semi-annually, and that the president and secretary of this commission be 
and they are hereby authorized to sign and seal the same. 

The following members voted yes on the adoption of the resolution : 
Dibble, Pinchback, Smyth and West. 

On motion, duly seconded, the following resolution was passed : 

Resolved, That one hundred and ninety-five bonds of one thousand 
dollars each of the issue this day authorized be and the same are hereby 
appropriated, to be given in part payment of the property purchased from 
Messrs. Robert Bloomer and M. A. Southworth, and that a mortgage act 
to secure the payment of said bonds be executed by the commissioners in 
favor of Camille E. Girardey, mortgaging the lands now belonging to the 
city of New Orleans, known as the City Park, and property purchased from 
Messrs. Robert Bloomer and M. A. Southworth. 

The following was the vote : Yeas — Dibble, Pinchback, Smyth and 
West. No — None. 

On motion, duly seconded, it was 

Resolved, That the annual sum of sixteen thousand dollars, or so much 
thereof as may be necessary, for each and every year for ten years, be and 
and is hereby set apart from the moneys that shall be paid over by the city 
of New Orleans to the Commissioners of the New Orleans Park, and is 
hereby appropriated to the payment of the interest on two hundred bonds 
of one thousand dollars each, according to the issue of said bonds, this day 
duly authorized by this commission. 

The following members voted yes : Dibble, Pinchback, Smyth and 
West. 

On motion, duly seconded, it was 

Resolved, That the annual sum of twenty thousand dollars, or so much 
thereof as may be necessary, for each and every year for ten years, be and 
is hereby set apart from the moneys which shall be paid over by the city of 
New Orleans to the Commissioners of the New Orleans Park, and is here- 
by appropriated to the liquidation and final payment of two hundred bonds 
of one thousand dollars each, according to the issue of said bonds, this day 
duly authorized by this commission. 

The following members voted yes: Dibble, Pinchback, Smyth and 
West. 



36 

On motion, duly seconded, it was 

Resolved, That the sum of three thousand six hundred and thirty-two 
dollars and seventy-two cents be paid as interest to December 10, 1871. 
upon the amount of sixty-five thousand dollars, advanced by the Louisiana 
Savings Bank for and on account of the city of New Orleans, said interest 
to be charged to and to be reimbursed by the city. 

The following members voted yes : Dibble, Pinchback, Smyth and 
West 

On motion, duly seconded, it was 

Resolved, That the sum of three thousand dollars be and is hereby 
placed to the credit of the secretary as an additional contingent fund. 

The following was the vote : Dibble, Pinchback, Smyth and West. 

The secretary reported that he had renewed the lease of the office of 
the commissioners for one year, at the rate of seventy-five dollars per month, 
which was unanimously approved. 

The secretary reported that during his absence he had empowered the 
assistant secretary to act in that capacity in his stead. 

No further business coming before the board it was adjourned, subject 
to the call of the president. 

WM. G. BROWN, Assistant Secretary. 



New Orleans, November 13, 1871. 

Pursuant to the call of the president the commissioners met this day. 
Present — Hon. J. R. West, president, and Messrs. Dibble, Pinchback and 
Smyth. 

The minutes of the last meeting were read and approved. 

The secretary reported the receipt of credentials from Mr. Joseph H. 
Wilson, claiming a seat in this commission, and submitted the same for 
consideration. 

The president stated that papers had also been handed to him on which 
Dr. M. A. Southworth claimed the same seat in virtue of an appointment 
anterior to that of Mr. Wilson. 

It was moved by Mr. Pinchback, and seconded by Mr. Dibble, that 
the credentials be referred to the consideration of a special committee of 
two members to be appointed by the chair. The following was the vote: 
Yeas — Dibble, Pinchback, Smyth, West. 



The president appointed Messrs. A. W. Smyth and P. B. S. Pinchback 
the special committee. 

The secretary reported the probable institution of suit against the City 
Council and Park Commissioners to enjoin the city from turning over 
certain funds to the commissioners. 

On motion, duly seconded, it was 

Resolved, That the president be authorized to employ additional counsel, 
if necessary, to defend said suit. The following members voted yes: Dibble, 
Pinchback, Smyth, West. 

The president reported personal conference with the city government, 
and that they express their willingness to turn over all funds due to the 
commission. 

On motion, duly seconded, it was 

Resolved, That the president be directed to require the payment in the 
bank, by the City Council, of the amount collected to date, on account of 
the tax for the improvement of the City Park. The following was the vote: 
Ayes — Dibble, Pinchback, Smyth and West. 

The president reported the appointment of Jas. H. Perkins as keeper 
of the City Park, on Metaire Ridge, which action was unanimously ap- 
proved. 

Jordan B. Noble was appointed keeper of the City Park in the Sixth 
District, at fifty dollars per month from date. 

On motion, duly seconded, the commission adjourned to Wednesday, 
November 15, at 12 o'clock noon. 

WM. G. BROWN, Assistant Secretary. 



New Orleans, November 15, 1871. 

No quorum appearing, Messrs. Dibble, Smyth and Pinchback, who 
were present, adjourning to meet November 17, at 1 o'clock P. M. 

WM. G. BROWN, Assistant Secretary. 



New Orleans, November 17, 1871. 

Pursuant to adjournment, the commissioners met this day. Present — 
J. R. West, president; H. C. Dibble, P. B. S. Pinchback and AW. Smyth. 



38 

The minutes of the last meeting were read and approved. The pre- 
sident informed the commissioners that, on the sixteenth inst. he had 
tendered his resignation to the Governor, and now further notified the 
Board of Commissioners of his desire to withdraw from membership in 
the commission. 

No quorum of the commissioners being present, the board adjourned 
to November 18, at 11.30 o'clock A. M. 

WM. G. BROWN, Assistant Secretary. 



New Orleans, November 18, 1871. 

Messrs. Pinchback, Smyth and Dibble met this day pursuant to adjourn- 
ment, and adjourned to meet Tuesday, November 21, 1871. 

WM. G. BROWN, Assistant Secretary. 



New Orleans, November 21, 1871. 

Messrs. A. W. Smyth aud R B. S. Pinchback met this day and adjourned 
to meet Friday, November 24, 1871. 

WM. G. BBOWN, Assistant Secretary. 



New Orleans, November 24, 1871. 

Pursuant to adjournment, Messrs. H. C. Dibble and A. W. Smyth met 
and adjourned to Saturday, November 25, at 2 o'clock P. M. 

WM. G BROWN, Assistant Secretary. 



New Orleans, November 25, 1871. 

Pursuant to adjournment, the commissioners met this day. 

Present— H. C. Dibble, P. B. S. Pinchback and A. W. Smyth. 

On motion, duly seconded, Dr. W. Smyth was called to the chair. 

On motion, duly seconded, the commissioners proceeded to elect a 
person to fill the vacancy in the board created by the resignation of J. R. 
West 



3$ 

Dr. M. F. Bonzano was put in nomination, and the following was the 
vote on his election : 

Yeas — Dibble, Pinchback and Smyth. 

The assistant secretary was instructed to notify Dr. Bonzano of his elec- 
tion as a member of this commission. 

The board on motion adjourned to meet on Monday, November 27, 
at three o'clock. 

WM. G. BROWN, Assistant Secretary. 



New Orleans, November 27, 1871. 

Pursuant to adjournment the commissioners met this day. 

Present— A. W. Smyth, H. C. Dibble, M. F. Bonzano and P. B. S. 
Pinchback. 

Dr. A. W. Smyth was called to the chair. The minutes of the last 
meeting were read and approved 

On motion, duly seconded, the board went into the election of a pres- 
ident. 

Dr. M. F. Bonzano being nominated, was unanimously elected. The 
president then took his seat. 

On motion, duly seconded, it was 

Resolved, That the secretary be requested to notify the authorities of the 
city of New Orleans that the commissioners will, in accordance with section 
seventeen of act eighty-three of 1871, make all necessary provisions for 
draining the property now set apart for park purposes. 

Yeas — Dibble, Pinchback, Smyth, Bonzano. 

On motion, duly seconded, it was 

Resolved, That the assistant seceretary obtain from the vendors ot trie 
property purchased by the Park Commissioners, an order for the release of 
the person now in charge of the place. Further 

Resolved, That the keeper of this park be required to reside on or near 
the property for the present. 

Yeas — Dibble, Pinchback, Smyth and Bonzano. 

The committee to whom was referred the credentials of Mr. Joseph 
Wilson, expressing their readiness to report, on the suggestion of the pre- 
sident the report was withheld until the next meeting of the commissioners. 

On motion, duly seconded, it was 

Resolved, That the secretary communicate with park engineers with a 
view of obtaining plans or suggestions for the embellishment and improve- 
ment of the City Park. 



40 

Yeas — Dibble, Pinchback, Smyth, Bonzano. 

No further business appearing, the commissioners, on motion, duly 
seconded, adjourned subject to the call of the president. 

WM. G. BROWN, Assistant Secretary. 



New Orleans, December 14, 1871. 

In accordance with the call of the president, the board met this day. 
Present — Dr. M. F. Bonzano, president ; H. C. Dibble, P. B. S. Pinchback 
and A. W. Smyth. 

The minutes of the last meeting were read and approved. 

The secretary reported that he had communicated with the city author- 
ities, according to the resolution by this commission. 

The assistant secretary reported that he had procured the release of the 
person in charge of the City Park property in the Sixth District, in accord- 
ance with the instructions of the board. 

On motion, duly seconded, it was 

Resolved, That the president and two members, to be appointed by him, 
be constituted a committee to receive from the city of New Orleans the 
unpaid amount due the commissioners for taxes for the years 1870 and 
1871. 

That the committee be authorized to receive the amount in certificates 
of appropriation, bearing seven-thirty per cent, interest, except the sum of 
twenty-five thousand dollars, to be paid in cash. 

Resolved, That the committee shall only receipt for the amount actually 
received and without compromise to the right of the commission to claim 
from the city the amount which the city claims it shall retain as an assess- 
ment for drainage. 

Resolved, That the committee be instructed to pay, with the twenty-five 
thousand dollars to be received in cash, the amount due the Louisiana 
Savings Bank. 

Resolved, That the committee shall receive the certificates aforesaid and 
shall make a special deposit of the same with the financial agent of the 
commission, taking a receipt therefor, which shall contain numbers and 
descriptions of said certificates. The special deposit of certificates so to be 
made shall be considered as a deposit of money, and shall only be drawn 
as in case of deposit of money. 

The following gentlemen voted : Yes — Dibble, Pinchback, Bonzano 
and Smyth. No — None. 



41 

The president appointed Dr. A. W. Smyth and H. C. Dibble the com- 
mittee. 

The special committee to whom was referred the credentials of Mr. 
Joseph H. Wilson reported as follows : 

New Orleans, December 14, 1871. 

To the President and Members of the New Orleans Park Commissioners: 

Gentlemen — Your committee to whom was referred the credentials of 
Mr. Joseph H. Wilson have had the same under consideration, and beg 
respectfully to report adversely to the claim of Mr. Wilson to be recognized 
as a member of this commission. 

Your committee have .ascertained from his Excellency the Governor 
that M. A. Southworth was duly appointed a park commissioner on the 
twenty-seventh of April, 1871. A copy of the commission issued to him 
accompanies this report. 

Your committee have also ascertained that M. A. Southworth never re- 
signed, and we are informed by his Excellency the Governor that said 
Southworth accepted the "appointment of park commissioner, but declined 
to participate in the actions of the board because of his interest in certain 
property which the commissioners were required by law to purchase. 

(Signed) A. W. SMYTH, 

P. B. S. PINCHBACK. 

On motion, duly seconded, the report was received and adopted by the 
following vote : Yes — Dibble, Pinchback, Smyth, Bonzano. 

On motion, duly seconded, it was 

Resolved, That the assistant secretary return Mr. Wilson his credentials 
and transmit him a copy of the report and resolution just read and 
adopted. 

On motion, duly seconded, it was 

Resolved, That Dr. W. A. Southworth be informed of his recognition 
as a member of this commission. 

The following was the vote : Yes — Dibble, Pinchback, Smyth, and 
Bonzano. 

On motion, duly, seconded, the commission adjourned subject to call. 
WM. G. BROWN. Assistant Secretary. 



42 

New Orleans, December 23, 1871. 

In accordance with the call of the president, the commissioners met 
this day. Present — Dr. M. F. Bonzano, president; A. W. Smyth, P. 
B. S. Pinchback, H. C. Dibble, and M. A. Southworth. 

The minutes of the last meeting were read and adopted. 

Dr. Bonzano presented his resignation as president of the commission, 
which, on motion, duly seconded, was received. 

On motion of Mr. Pinchback, Dr. A. W. Smyth was elected president 
by the following vote : Yes — Dibble, Southworth, Pinchback ; Dr. Smyth 
excused from voting. 

The president took his seat. 

On motion, duly seconded, the president was authorized to fill the 
vacancy on special committee, created by the election of Dr. Smyth to the 
presidency of this commission. The following gentlemen voted yes : 
Dibble, Pinchback, Southworth, Bonzano and Smyth. 

The president then appointed Mr. Pinchback on the committee to wait 
on the City Council as per resolution of December 14, 1871. 

On motion, the commission adjourned subject to call. 

WM. G. BROWN, Assistant Secretary. 



New Orleans, January 31, 1872. 

In accordance with the call of the president, the commissioners met 
this day. 

Present — A. W. Smyth, president; H. C. Dibble, P. B. S. Pinchback 
and M. A. Southworth. 

A quorum being in attendance the reading of the minutes of the last 
meeting was dispensed with. 

On motion, duly seconded, it was 

Resolved, That the Louisiana Savings Bank and Safe Deposit Company 
be and is hereby authorized to sell at the highest market price, one certifi- 
cate of appropriation dated January, for the sum of twenty-five thousand 
dollars; and eight seven-thirty certificates, numbered 209 to 216 inclusive, 
and dated January 4, 1872, seven of which are for five thousand dollars each, 
and one for ten hundred and twenty-nine dollars and sixty-three cents ; in 
all, thirty-six thousand and twenty-nine dollars and sixty-three cents in seven- 
thirty certificates belonging to the commission and now held by said bank, 
the proceeds to be put to the credit of the Commissioners of the New 
Orleans Park, on the books of said bank ; provided, that a sufficient 



43 

amount of said proceeds, with a loan this day authorized by the city of 
New Orleans, shall be appropriated to immediate payment of the first 
mortgaged notes assumed by the commissioners, amounting to fifty-four 
thousand dollars, with interest thereon, and due on the first and fourth 
February next, and we hereby authorize and direct the said bank to pay 
said notes. 

Resolved, That said bank is hereby allowed one per cent, commission 
for selling the above, and the same on the loan to be negotiated by them, 
to make good the deficit on said notes for fifty-four thousand dollars and 
interest. 

The following was the vote on the adoption of the resolution . 

Yeas — Dibble, Pinchback, Southworth, Smyth. Nays — None. 

No further business coming up, the board on motion adjourned sub- 
ject to call. 

WM. G. BROWN, Assistant Secretary. 



• New Orleans, March 12, 1872; 

Pursuant to notice the commissioners met this day. Present — Dr. 
A. W. Smyth, president ; H. C. Dibble, P. B. S. Pinchback, Dr. M. A. 
Southworth. 

On motion, duly seconded, the reading of the minutes of the last 
meeting was dispensed with. 

The letter containing the resignation of Dr. M. F. Bonzano was read, 
and on motion, duly seconded, was ordered to lie on the table. The 
following was the vote : Yes — Dibble, Pinchback, Southworth, Smyth, 
unanimous. 

On motion, duly seconded, it was 

Resolved, That in accordance with a resolution adopted August 15, 
1871, the president be authorized to raise the amount of seven thousand 
eight hundred dollars to pay the first coupons on bonds issued by the com- 
mission, which amount is hereby appropriated for said purpose. Yes — 
Dibble, Pinchback, Southworth, Smyth. 

On motion, duly seconded, the board adjourned subject to call. 

WM. G. BROWN, Assistant Secretary. 



New Orleans, June 13, 1872. 

Pursuant to call of the president the commissioners met this day. 
Present— A. W. Smyth, president ; H. C. Dibble, P. B. S. Pinchback 



44 

and M. A. Southworth, a quorum. The minutes of the previous meeting 
were read and approved. 

The president stated that in accordance with a resolution of this board he 
had induced Mr. Bogart, a competent park engineer, to visit New Orleans 
and examine the park lands with a view of recommending suitable plans 
for the improvement of the Park. 

Mr. Bogart being present was requested to express some of his views 
of the properties, which he did, assuring the commissioners that with the 
adoption of a good plan at the outset, the park lands might be so im- 
proved as to make them in a short time the pride of the people. 

No action was taken by the board. 

Some conversation ensued between the commissioners with reference to 
the pastorage of herds of cattle in the City Park, resulting in the offering 
and adopting of the following resolution : 

Resolved, That the secretary of board be instructed to notify the keepers 
of the parks to immediately cause all cattle to be removed from the park 
properties, and that they be directed to have the properties cleaned at no 
additional expense to the commission. 

Yeas — Dibble, Pinchback, Smyth, Southworth. Nays — None. 

The secretary submitted a bill from P. C. Cuvellier, notary, for services 
rendered, which on motion was ordered to be referred to attorney of the 
commission for his opinion. 

Bill from the attorney of the commission, Mr. William Grant, was pre- 
sented and ordered to lie over. 

The board, on motion, adjourned to meet Saturday, June 15, 1872. 

WM. G. BBOWN, Assistant Secretary. 



New Orleans, June 15, 1872. 

Pursuant to adjournment, the commissioners met this day. Present— 
Dr. A. M. Smyth, the president ; Hon. H. C. Dibble, Lieutenant Gover- 
nor P. B. S. Pinchback and Dr. M. A. Southworth. 

The reading of the minutes of the last meeting was dispensed with. 

The president submitted a communication from Messrs. Lacey & Butler, 
the subject of which was laid over for consideration at the next meeting of 
the board. 

On motion, duly seconded, it was 

Resolved, That the president of the board be and he is hereby authorized 
to contract with Messrs. Bogart & Culyer, of New York, civil' engineers, 



45 

and engage their services for one year from June 1, 1872, at a salary of 
five thousand dollars per annum, and as additional compensation for their 
services the rate of five per cent, on the amount expended in the improve- 
ment of the New Orleans Park during said period. Yeas — Dibble, 
Pinchback, Smyth and Southworth. 

On motion the commission adjourned subject to call. 

WM. G. BROWN, Assistant Secretary. 



New Orleans, June 27, 1872. 

The commissioners met this day in accordance with the call of the 
president. Present — Dr. A. W. Smyth, president; H. C. Dibble, 
P. B. S. Pinchback, M. A. Southworth. No quorum present. 

On motion the commission adjourned, to meet June 28, at 3. 25 P. M. 

WM. G. BROWN, Assistant Secretary. 



New Orleans, June 28, 1872. 

Pursuant to adjournment, the commissioners met this day. Present 
—Dr. A. W. Smyth, H. C. Dibble, P. B. S. Pinchback, M. A. South- 
worth. 

The reading of the minutes of the previous meeting was dispens 
with. 

Mr. Bogart, civil engineer being present, was requested to give some 
of his views relative to the improvement of the park properties, which he 
did. 

On motion of Mr. Southworth, seconded by Mr. Dibble, the question 
of right of way from Magazine street, through the Sixth District Park pro- 
pert}' to the public, or to any railroad company be referred to the attorney 
of the board, requesting to report thereon immediately. 

Adopted by the following vote : 

Ayes — Dibble, Pinchback, Southworth, Smyth. Nays — None. 

On motion, duly seconded, it was 

Resolved, That the President is hereby authorized to apply to the city 
authorities to transfer their permission to remove the iron building at the 
head of Canal street from the Second District Park to the Sixth District 
Park. 



46 

Resolved further, That in the event of the City Council authorizing this 
removal to the Sixth District Park, the president of this commission is hereby 
authorized to advertise for contracts for removing the same. Adopted by 
the following vote : Ayes — Dibble, Pinchback. Southworth, Smyth. 

On motion, duly seconded, it was 

Resolved, That the sum of twenty-five hundred dollars be and is hereby 
appropriated as an advance to Messrs. Bogart & Culyer, civil engineers, on 
the annual salary allowed them by this board. Yeas — Dibble, Pinchback, 
Southworth, Smyth. 

On motion the commission adjourned subject to call of the president. 

WM. G. BROWN, Assistant Secretary. 



New Orleans, October 16, 1872. 

Pursuant to the call of the president, the commissioners met this day. 

Present Dr. A. W. Smyth, H. C. Dibble, M. A. Southworth and 

P. B. S. Pinchback. 

The reading of the minutes of the previous meeting was dispensed 
with. 

On motion, duly seconded, it was 

Rewlved, That the president be authorized to pledge to the Louisiana 
Savings Bank forty-five thousand dollars of city certificates to secure the 
payment of the note of thirty-six thousand dollars held by said bank ; pro- 
vided, that the ten per cent, bonds of the city held by the bank be de- 
livered to the president for return to the city. 

The following was the vote on the adoption of the resolution : Ayes — 
Dibble, Pinchback, Smyth and Southworth. Nays — None. 

On motion, duly seconded, it was 

Resolved, that the president of the board be authorized to return to the 
city of New Orleans the forty-five thousand dollars in bonds held by the 
fiscal agent, and loaned to the commission by the city ; provided, that the 
city authorities pay over to the fiscal agent of the board all taxes collected 
to date, and not accounted for, and now due the commissioners. 

The following members voted aye : Dibble, Pinchback, Smyth and 
Southworth. 

On motion, duly seconded, it was 

Resolved, That the president of the board be requested to inform Messrs. 
C. E. Girardey & Co. that the commission can not meet the payment of 
nineteen thousand five hundred dollars of bonds, now due under resolution 



47 

of the board, without a sacrifice of city certificates of indebtedness, received 
in payment of tax collected by city authorities, and to ask Messrs. C. E. 
Girardey & Co. on what terms they will accept city certificates in payment 
of said bonds. 

The following was the vote : Ayes — Dibble, Pinchback, Smyth and 
Southworth. Nays — None. 

The secretary presented the bill of the American Bank Note Company 
for one hundred and seventy-five dollars for engraving bonds. 

The bill was approved and ordered to be paid out of the contingent 
fund. 

On motion, the commission adjourned subject to call of the president. 

WM. G. BROWN, Assistant Secretary. 



New Orleans, November 18, 1872. 

The board met upon the call of the president of the board. Messrs. 
Smyth, Pinchback, Southworth and Dibble were present 

The minutes of the several meetings held were read and approved. 

The following resolution was offered by Mr. Dibble : 

Resolved, That the fiscal agent be and is hereby authorized to pay the 
coupons on one hundred and ninety-five bonds, due September 1, 1872, 
say seven thousand eight hundred dollars. 

Adopted, the following commissioners voting aye : Smyth, Pinchback, 
Dibble and Southworth. Nays — None. 

The following preamble and resolution were offered by Mr. Dibble : 

Whereas, the board authorized the printing of two hundred thousand 
dollars in eight per cent, bonds ; and 

Whereas, the amount authorized to be issued, and issued, realized 
only one hundred and ninety-five thousand dollars ; 

Resolved, That the five blank bonds now in the hands of the secretary 
be destroyed by the fiscal agent. 

Adopted, the following commissioners voting aye : Smyth, Dibble, 
Southworth and Pinchback. Nays — None. 

The president informed the board that he had addressed a commun- 
ication to Messrs. C. E. Girardey & Co. , as directed by the board at the 
last meeting, and had received the following reply, which was received by 
the commissioners, read and ordered to be spread upon the minutes : 



48 
New Orleans, November 23, 1872. 

Gentlemen — Your communication of the sixteenth instant was received 
and contents duly noted. 

The property to which you refer is, on any fair appraisement, worth 
one million dollars ; and being better adapted for the purposes, can be 
beautified as a park more easily and cheaply than any other location in 
this city. Our desire that the property should be improved and secured 
forever to the city of New Orleans, for park purposes, is so strong that we 
are willing to make great sacrifices to accomplish this object. 

As to payments on the said property, there are due on the first of 
February, 1873, two notes amounting to fifty-four thousand dollars, with 
two years' interest thereon, at the rate of seven per cent, per annum, and 
two notes amounting to forty-four thousand dollars, with three years' in- 
terest thereon, due first of February, 1874. 

We propose, therefore, to enter into the following engagement and 
contract : 

First — That the Commissioners of the New Orleans Park shall make, 
in the Citizens' Bank of New Orleans, an irrevocable deposit of eighty 
thousand dollars of the certificates now held by them for the purpose of 
securing the payment of and to pay at maturity the aforesaid notes and 
interest thereon, on the following conditions : 

First — That the said securities shall be sold by the Citizens' Bank at 
any time on the written order of the said commissioners, and not to be 
sold without their consent until the first of January of each year, when, if 
the said commissioners of the New Orleans Park should not have deposited 
in the said Citizens' Bank sufficient current funds to meet the payment of 
said notes and interest thereon in the succeeding February, then the said ; 
Citizens' Bank shall and is by this agreement empowered and directed to 
sell at either private or public sale enough of the said certificates for the 
payment of the notes and interest thereon, and which notes are secured by 
mortgage and vendor's lien on the property of the Park, and which by 
public act have been made payable at said Citizens' Bank. 

Second — An irrevocable order on the city of New Orleans, the Mayor 
and Administrators of Finance and Public Accounts and the fiscal agent 
of said city, or each or either of them jointly or separately, in our favor, 
to pay to us from the current collections of the park tax the sum of eighty 
thousand dollars, which as collected by us shall be deposited in the said 
Citizens' Bank, and applied in a similar manner if payment is made by 
said city in appropriation certificates as those specified in article first ; but 
if the payment be made under this order in current funds, then these funds 



w 

to be applied by the said Citizens' Bank and enough of the certificates as 
will together pay the notes with interest thereon and cancel them, your 
order to subrogate us to your right and title in and to the said park tax, and 
declaring the same to be vested in virtue of this contract in us, and with 
authority and power to institute legal proceedings if necessary to compel 
payment to us of same to the extent of this order. 

Third — Should there remain any surplus after paying the said notes 
either in the certificates or the proceeds of the sale thereof, all such sur- 
plus, whether in certificates or in current funds, shall, by the Citizens' 
Bank, be held subject to the order of the Commissioners of the New Or- 
leans Park or Parks. 

Fourth — And in consideration of the foregoing we hereby agree to sell 
to the Commissioners of the New Orleans Park or Parks, for cancellation 
and destruction, one hundred of the one thousand dollars eight per cent, 
interest bearing park bonds held by us for city certificates at par. 

These securities or certificates are now worth less than seventy cents. 
You will perceive that by such an agreement the Board of Commissioners 
will save to the city $37, 500, as well as interest on bonds canceled, and 
secure also to the city, as contemplated by law, and beyond any reason- 
able contingency, the most beautiful site for a public park in this city or 
the South. 

The undersigned trust that this proposition will appear to the Park 
Commissioners as it does to them — too favorable to the interest they re- 
present to be rejected. 

Very respectfully, 

(Signed) C. E. GIRARDEY & CO. 

Mr. Pinchback then offered the following preamble and resolution, 
which were adopted upon the vote of commissioners Smyth, Pinchback, 
Dibble and Southworth. Noes — none. 

Whereas, this commission have been unable to obtain any settlement 
with the city of New Orleans, except in appropriation certificates, for the 
taxes collected by said city, under authority of the park law ; and 

Whereas, this commission having contracted a large debt by reason of 
the purchase of the necessary land, etc. , under obligations which, by any 
failure on their part to promptly meet at maturity, might incur heavy 
damages, and perhaps forfeit the large payments already made, and jeopar- 
dize the tenure of the property ; and 

Whereas, in the present state of the city's credit and difficulty to realize 
on said appropriation certificates to liquidate the bonded debt which bears 



50 

a heavier rate of interest than the certificates of appropriation, to sell which 
would now entail a heavy loss ; and 

Whereas, a proposition has been made to this board by Messrs. C. E. 
Girardey & Co. , on the twenty-third of October, 1872, a copy of which is 
on the records of this commission, affording relief from the difficulties ; be 
it resolved, 

First — That the same be and is hereby accepted, ratified and approved, 
and this board enter into contract with said parties. 

Second — That an appropriation be made of eighty thousand dollars to 
carry out all the objects stated in the said proposition. 

Third — That an order for eighty thousand dollars of the city certificates 
of appropriation be executed in favor of the Citizens' Bank of this city, on 
the fiscal agent, W. Van Norden, president of the Louisiana Savings Bank 
of this city, which certificates shall be held by said Citizens' Bank, as an 
irrevocable deposit, pledged by this commission for the securement of and 
to pay, at their maturity, the note amounting to fifty-four thousand dollars, 
with seven per cent, interest thereon, due on the first of February, 1873, 
and those amounting to fifty thousand, with seven per cent, per annum 
interest, due on the first of February, 1874, both or all dated on the first 
of February, 1871, and secured by vendor's lien on the property of the 
park, and said deposit to be made at said Citizens' Bank, to be all in con- 
formity with the conditions set forth in the contract. 

Fourth — That an irrevocable order is hereby made in favor of Messrs. 
C. E. Girardey &Co. , on the city of New Orleans and on the Administra- 
tors of Finance and Public Accounts, and the Fiscal Agent of said city, or 
each or either of them, jointly or separately, for the sum of eighty thousand 
dollars, payable out of any balances yet due, or resulting from the current 
collection of all taxes, moneys or funds already collected, or collectable by 
the city of New Orleans, under authority of law, during the years 1872 and 
1873, for park purposes, and account to the said C. E. Girardey & Co. for 
the same, including the amount retained for drainage, and until the sum 
so accounted for and to be paid to the said C. E. Girardey & Co. shall 
amount to eighty thousand dollars, and to the extent of the taxes, 
moneys and funds hereinabove referred to, full right, and title are hereby 
subrogated and declared irrevocably to be fixed and vested in the said 
C. E. Girardey & Co. , so as to authorize and empower them to exercise 
complete and absolute control and ownership over the same, and as by 
them collected from the city of New Orleans, the same to be deposited in 
the Citizens' Bank of this city, to be there held as a pledge for the payment 
of certain notes as they mature, secured by mortgage on the property 
purchased by this commission under provision of the law. 



51 

Fifth — That an order in favor of the president of this board on the fiscal 
agent for one hundred thousand dollars of the said city certificates be made, 
the same to be applied by him to the redemption of a like number of the 
eight per cent, one thousand dollar bonds, which bonds, when so redeemed, 
shall immediately thereafter be stamped as canceled and paid, which can- 
cellation shall be certified to by the Recorder of Mortgages. 

Whereupon Commissioner Southworth proposed the following order 
should be made and signed by the commissioners, adopted on the vote of 
Messrs. Smyth, Pinchback and Southworth : 

Office of the Commissioners of the New Orleans Park, 

New Orleans, November 18, 1872. 

In view of the contract entered into with C. E. Girardey <k Co., dated 
twenty-third October, 1872, providing for the payment of certain notes 
secured by mortgage and vendor's lien on the property purchased for the 
Park and contracted by this commission, etc., you will please take notice 
that an order to cancel and provide payment for carrying out in good faith 
all provisions of said contract, that this Board of Commissioners of the New 
Orleans Park or Parks have passed the following resolution, to wit : 

That an irrevocable order is hereby made in favor of C. E. Girardey & 
Co., on the city of New Orleans, and the Administrators of Finance and 
Public Accounts, and the Fiscal Agent of said city of New Orleans, and 
each or either of them jointly or separately, for the sum of eighty thousand 
dollars, payable out of any balances yet due or resulting from the current 
collection of all taxes, moneys or funds already collected or collectable by 
the city of New Orleans, under authority of law, during the years 1872 and 
1873, for park purposes, and account to the said C. E. Girardey & Co. for 
the same, including the amount retained for drainage, and until the sum 
so accounted for and to be paid to the said C. E. Girardey & Co., shall 
amount to the sum of eighty thousand dollars, and to the extent of the 
taxes, moneys and funds hereinabove referred to, full right and title are 
hereby subrogated and declared irrevocably to be fixed and vested in the 
said C. E. Girardey & Co., so as to authorize and empower them to 
exercise complete and absolute control and ownership over the same, and 
as by them collected from the city of New Orleans, the same to be deposited 
in the Citizens' Bank of this city, to be there held as a pledge for the pay- 
ment of certain notes as they mature, secured by mortgage on the property 
purchased by this commission under provision of the law. 

(Signed) HENRY C. DIBBLE, 

P. B. S. PINCHBACK, 
M. A. SOUTHWORTH, 
A. W. SMYTH, 



52 

The following order was then proposed by Mr. Southworth, and ordered 
to be entered and signed — the following commissioners voting aye: Smyth, 
Dibble, Pinchback and Southworth. 

$80,000. 

Office of the Commissioners of the New Orleans Park, 

New Orleans, November 18, 1872. 

At sight you will pay to the order of John G. Gaines, Esq. , president 
of the Citizens' Bank of this city, eighty thousand dollars in warrants for 
new consolidated bonds, and being the same certificates received by your 
bank as the fiscal agent of this board, from the city of New Orleans, and 
now standing to the credit of the undersigned Commissioners of the New 
Orleans Park or Parks. 

(Signed) A. W. SMYTH, 

H. C. DIBBLE. 
P. B. S. PINCHBACK. 
M. A. SOUTHWORTH. 

To W. Van Norden, Esq., President of the Louisiana Savings Bank and Safe Deposit 
Company. 

Commissioner Southworth further proposed that the following order 
should be made, signed and entered. Adopted on the vote of Messrs. 
Smyth, Dibble, Pinchback and Southworth. 

$60,000. 

Office of the Commissioners of the New Orleans Park or Parks, 

New Orleans, November — , 1872. 

At sight you will pay to the order of Dr. A. W. Smyth, president of 
the Board of Commissioners of the New Orleans Park or Parks, sixty 
thousand dollars in warrants for the new consolidated gold bonds, and 
being the same certificates received by your bank, as the fiscal agent of this 
board, from the city of New Orleans, and now standing to the credit of 
the undersigned, or Commissioners of the Park or Parks. 

(Signed) H. C. DIBBLE, 

P. B. S. PINCHBACK, 
M. A. SOUTHWORTH, 
A. W. SMYTH. 

To W. Van Norden, President Louisiana Savings Bank and Safe Deposit Company. 

And finally the following order was proposed by the same commission- 



efs, and was adopted by the votes of Messrs. Smyth, Dibble, Pinchback 
and Southworth. Nays — None. 

$40,000. 

Office of the Commissioners of the New Orleans Park or Parks. 

New Orleans, November 18, 1872. 

After first paying the order of the undersigned of this date for eighty 
thousand and one of sixty thousand dollars, making an aggregate of one 
hundred and forty thousand dollars, you will pay to the order of Dr. A. 
W. Smyth, President of the Board of Commissioners of the New Orleans 
Park or Parks, the sum of forty thousand dollars in city certificates, or in 
such other funds as you may or shall receive from the city of New Orleans, 
resulting from the collection of the Park tax, and due the undersigned 
Park Commissioners. 

(Signed) HENRY C DIBBLE, 

P. B. S. PINCHBACK, 
M. A. SOUTHWOTTH, 
A. W. SMYTH. 

To W. Van Norden, President or the Louisiana Savings Bank and Safe Deposit 
Company. 

The board then adjourned subject to the call of the president. 

HENRY C. DIBBLE, Secretary. 



New Orleans, November 20, 1872. 

The park commissioners met this day upon the call of the president of 
the Board. Messrs. Smyth, Pinchback, Southworth and Dibble were 
present 

The reading of the minutes of the last meeting was omitted. 

In accordance with the resolution adopted at the last meeting the secret- 
ary produced to the board five blank bonds, numbered respectively 196, 
197, 198, 199 and 200. The bonds were thereupon defaced and canceled 
in the presence of the commissioners, and the following resolution was 
adopted on the vote of Messrs. Smyth, Dibble, Pinchback and Southworth. 
Nays — None. 

Resolved, That the secretary be directed to deposit said five canceled 
bonds with the fiscal agent, and that he and the president of the board be 



54 

authorized to cause a notarial act to be made declaring said cancellation 
and the destruction of said bonds in the presence of the notary. 

Mr. C. E. Girardey, of the firm of C. E. Girardey & Co. , now appeared 
before the commissioners at their request. 

In conformity to the contract entered into and the orders made and 
given by the commissioners at their meeting, eighteenth of November, the 
said C. E. Girardey, representing the vendors of the Foucher estate, pro- 
duced to the commissioners sixty bonds, issued in part payment of the 
park property, and received therefor a like sum of city warrants for gold 
bonds, as provided for in said contract of November eighteenth instant. 

The following preamble and resolution were offered by Mr. Dibble: 

Whereas, Messrs. C. E. Girardey & Co. have surrendered to the com- 
missioners sixty certain park bonds, according to the tenor of a contract 
made between the commissioners and said C. E. Girardey & Co., Novem- 
ber 18, 1872 ; 

Resolved, That the sixty bonds, numbered respectively 4, 7, 8, 9, 10, 
11, 12, 13, 26, 27, 29, 19, 31, 32, 36, 40, 42, 35, 46, 49, 169, 39, 135, 
70, 38, 45, 47, 72, 78, 90, 115, 177, 178, 93, 94, 96, 77. 74, 41, 39, 
165, 111, 176, 121, 172, 75, 80, 180, 30, 167, 179, 161, 174, 171, 62, 
162, 138, 140, 141, 142, be now canceled and defaced. 

Resolved, That the bonds so canceled and defaced be delivered to the 
liscal agent by the secretary. 

Resolved, That the president be authorized in conjunction with the 
fiscal agent, to destroy the said canceled and defaced bonds in the presence 
of a notary public, and cause a proces verbal to be made part of said act. 

Adopted. Messrs. Smyth, Dibble, Pinchback and Southworth voting 
aye. Noes —None. 

Whereupon the said sixty bonds were canceled and defaced in the pres- 
ence of the commissioners and in the presence of C. E. Girardey, and the 
canceled and defaced bonds were delivered into the custody of the secretary 
of the board. 

The board adjourned subject to the call of the President. 

HENRY C. DIBBLE, Secretary. 



New Orleans, December 22, 1872. 

The commissioners met upon the call of the president of the board. 
Messrs. Smyth, Pinchback, Dibble and Southworth, commissioners, were 
present. 



55 

The reading of the minutes of the last meeting was omitted. 

The secretary informed the board that he had delivered the sixty-five 
canceled bonds to the fiscal agent as directed, and produced the receipt of 
the bank, which, upon the vote of Messrs. Smyth, Dibble, Southworth 
and Pinchback, was ordered to be spread upon the minutes. 

Louisiana Savings Bank and Safe Deposit Company, 
No. 51 Camp street, 

New Orleans, November 21, 1872. 

Received from H. C. Dibble, Secretary Board Park Commissioners, 
sixty-five canceled bonds of the Commissioners of the Park, to be held for 
destruction in conformity to a resolution of the Park Board, adopted No- 
vember 20. 

(Signed) W. VAN NORDEN. 

The president of the board informed the commissioners that the Cit- 
izens' Bank has declined to become the custodian of the funds which were 
ordered to be deposited with said bank by the action of the board at the 
meeting of the eighteenth instant. 

The following preamble and resolution were proposed by Mr. South- 
worth and adopted upon the vote of Messrs. Smyth, Pinchback, Dibble 
and Southworth. Nays — None. 

Whereas, John G. Gaines, president of the Citizens' Bank, has declined 
to become a party to the contract entered into between the Board of Com- 
missioners of the New Orleans Park and C. E. Girardey & Co.; therefore, 

Resolved, That C. E. Girardey & Co. are hereby empowered and 
authorized to carry out the said contract in place of the said John G. 
Gaines, on their giving to the president of the board satisfactory security for 
the faithful performance of said contract. 

Mr. C. E. Girardey, of the firm of C. E. Girardey & Co. , and for and 
on their behalf, now appeared before the commissioners and proposed to 
accept said trust, and tendered the name of Mr. Patrick Irwin of this city 
as security. Mr. Girardey handed the commissioners the following com- 
munication: 

Office of C. E. Girardey & Co., 17 and 19 Exchange Place, 

New Orleans, November 22, 1872. 

To the honorable Board of Commissioners of the New Orleans Park or Parks : 

Gentlemen —We will consent to accept the eighty thousand dollars in war- 
rants of the city of New Orleans for gold bonds from you, under the contract 



56 

entered into with you on the, eighteenth instant, and hereby agree and bind 
ourselves to hold the said securities for the purpose of securing the pay- 
ment and to pay at maturity the notes due on the park property as follows, 
to wit : 

Two notes, amounting to fifty-four thousand dollars, with two years 
interest thereon, at the rate of seven per cent, per annum, due first of 
February, 1873; and two notes, amounting to fifty-four thousand dollars, 
with three years interest thereon, due one the first of February, 1874, on 
the following conditions : 

First — That the said securities shall be sold by us at any time on the 
written order of the Board of Park Commissioners, and not be sold with- 
out their consent until the first of January of each year, when, if the Board 
of Park Commissioners should not have deposited with us current funds 
sufficient to meet the payment of the said notes and interest thereon, due 
in the succeeding February, then we shall, and by this agreement are em- 
powered and directed to sell at either private or public sale, enough of said 
certificates to pay at maturity the notes and interest thereon, maturing in 
the suceeding February, and apply the proceeds of the sale of said certi- 
ficates to the payment of the notes and inic: st thereon, which said notes 
are secured by mortgage and vendor's lien on the property of the Park, 
and which by public act have been made payable at the Citizens' Bank of 
Louisiana. 

Second — Should there remain any surplus after paying the said notes, 
either in certificates or the proceeds of the sale thereof, all such surplus, 
whether in certificates or current funds, shall be held subject to the order 
of the Commissioners of the New Orleans Park or Parks, and it being 
well understood that our obligation to pay said mortgage notes does not 
extend beyond the application by us to said payment of the proceeds of 
the securities held by us. 

(Signed) C. E. GIRARDEY & CO. 

I the undersigned do hereby guarantee the faithful performance by 
Messrs. C. E. Girardey & Co. of the foregoing contract. 

PATRICK IRWIN. 

The communication was received and spread upon the minutes, and 
the propositions were accepted and the surety approved, on the vote of 
Messrs. Smyth, Dibble, Pinchback, and South worth; was ordered to be 
spread upon the minutes, signed and delivered. 



57 

Office Commissioners New Orleans Park, 

New Orleans, November 22, 1872. 

In order to facilitate the carrying out of the contract entered into with 
Messrs. C. E. Girardey & Co. by the Board of Park Commissioners, you 
will pay the order drawn on you, in accordance with the said contract, and 
dated the eighteenth instant, and accepted by your bank twentieth instant, 
for eighty thousand dollars in warrants of the city of New Orleans, for gold 
bonds, and made payable to John G. Gaines, etc. , to the order of C. E. 
Girardey & Co. , on their surrendering to you the aforesaid order, drawn in 
favor of said John G. Gaines, president, etc. 

(Signed) HENRY C. DIBBLE, 

A. W. SMYTH, 
P. B. S. PINCHBACK, 
M. A. SOUTHWORTH. 

To W. Van Norden, Esq., President Louisiana Savings Bank and Safe Deposit 
Company. 

The board of commissioners then adjourned to meet at the call of the 
president 

HENRY C. DIBBLE, Secretary. 



New Orleans, January 16, 1873. 

The board met this day subject to the call of the president. Present — 
A. W. Smyth, P. B. S. Pinchback, M. A. Southworth and Henry C. 
Dibble. 

The minutes of the meeting of November 18, 20 and 22, were read 
and approved, Messrs. Smyth, Pinchback, Dibble and Southworth voting 
aye. Nays— None. 

The following resolution, proposed by Mr. Pinchback, was adopted by 
the vote of Messrs. Smyth, Dibble, Southworth and Pinchback. Nays — 
None. 

Whereas, the Board of Administrators of the city of New Orleans have 
failed to comply with the law requiring them to deposit weekly with the 
Fiscal Agent of the Park Commission the Park tax as the same is collected 
by them ; and 

Whereas, the protection of the interest of the city of New Orleans re- 
quires that the Board of Administrators should immediately comply with 



the laws and pay into the fiscal agent the funds now held by them for ac- 
count of the Park Commission, that the said commission may be enabled 
to comply with its contracts ; therefore. 

Resolved, That the Secretary is hereby directed to respectfully demand 
of the Board of Administrators an immediate settlement, and in case said 
settlement is not immediately made the president of this commission is 
hereby instructed to direct legal proceedings to be taken in the name of the 
board to enforce said settlement by writ of mandamus or other process. 

On motion of Mr. Dibble, the resignation of M. F. Bonzano, which 
was received at the meeting held May 12, 1872, and laid upon the table, 
was .iccepted — Messrs. Smyth, Dibble, Pinchback and Southworth voting 
aye. 

On motion of Mr. Pinchback, duly seconded, Hubert Bonzano was 
elected to fill the vacancy created by the resignation of M. F. Bonzano — 
Messrs. Dibble, Southworth, Smyth and Pinchback voting aye. Noes — 
None. 

The following resolution, offered by Mr. Smyth, was adopted — Messrs. 
Smyth, Dibble, Pinchback and Southworth voting aye. Noes — None. 

Resolved, That the President of this board is hereby directed to author- 
ize and direct the Recorder of Mortgages to cancel the mortgages against 
the City Park property, fo far as concerns sixty thousand dollars in bonds 
that have been paid and canceled by this board. 

The board then adjourned to meet to-morrow at seven o'clock P. M. 

HENRY C. DIBBLE, Secretary. 



New Orleans, January 17, 1873. 
The board met pursuant to adjournment. No quorum present. 
Adjourned subject to call of the president. 

HENRY C. DIBBLE, Secretary. 



At the request of Benedict & Hornor, the following documents in writ- 
ing were registered verbatim : 

New Orleans, February 1, 1871. 

Robert Bloomer, Esq. : 

Dear Sir — Your proposition of this date in words, viz : 



59 

t hereby propose to purchase and bind myself to pay as soon as good 
and valid title can be executed to me of the property known as the Foucher 
property, situated in the Sixth District of New Orleans, and belonging to 
the heirs of the late Marquis de Foucher, with all the rights and privileges 
thereto attached, for the sum and price of six hundred thousand dollars, on 
terms of one-tenth in cash, and the remainder in equal annual payments 
from one to ten years, represented by notes secured by mortgage on the 
property, bearing interest at seven per cent, per annum, from the date of 
sale until final payment, the non-payment of any one of which notes to 
operate the maturity of all oustanding notes; the penal clause of five per 
cent, attorney's fees to be inserted in the act of mortgage, binding the pur- 
chaser to pay, should the notes given in part payment have to be sued up- 
on to enforce payment, and to be secured by privilege and mortgage like 
said notes; the purchaser to assent to the clause non-aliendo. 

I hereby agree to assume payment of and in addition to the above- 
named price, the payment of the following : 

First— All taxes for the year 1870. 

Second — Whatever claims there may be for drainage. 

Third — Costs of acts of sale before E. G. Gottschalk, United States 
stamps, registries and certificates thereof. 

Should you accept the above proposal, I herewith accompagny the same 
with the sum of twenty-five hundred dollars cash, to bind and ratify said 
purchase, the receipt whereof you will acknowledge in your letter of rati- 
fication of this proposal : Has been accepted, and we hereby acknowledge 
to have received the said sum of twenty-five hundred dollars in cash as a 
ratification thereof. 

fSigned) C. E. GIRARDEY, Auctioneer. 



New Orleans, February 1, 1871. 

State of Louisiana, Parish of Orleans, City of New Orleans. 

I, Nicholas J. Hoey, a duly licensed auctioneer, do hereby certify that 
by virtue of the authority to me granted by Messrs. A. Rochereau & Co., 
legally authorized agents, Madam Marquise Foucher de Circe, owner of 
an undivided half, and Madam Olive Dugue, owner of the other undivided 
half of cert i'n property, known as the Sixth District of the city of New 
Orleans, and fronting on the Mississippi river, comprised between the upper 
line of what is known as Burtheville, and the lower line of what is known 



60 

as Greenville, and extending back from said river Mississippi, the whole 
depth as set forth in the title of the late L. F. Foucher, late Marquis 
de Circe, and of said vendors, with all the rights of batture, ways, privileges 
and appurtenances and other heriditaments thereto belonging, or in any- 
wise appertaining, I have this day sold the above described property to 
Robert Bloomer, of this city for the price and sum of six hundred thousand 
dollars, on the following terms and conditions, to wit: one-tenth cash and the 
remainder in equal annual payments from one to ten years, represented by 
notes secured by mortgage on the property, bearing interest at seven per 
cent, per annum, from the date of sale until final payment, the non-pay- 
ment of any of which notes to operate the maturity of all outstanding 
notes; the penal clause of five per cent, attorney's fees to be inserted in 
the act of mortgage, binding the purchaser to pay should the notes given 
in part payment have to be sued upon to enforce payment, and to be 
secured by privilege and mortgage like said notes, the purchaser to assent 
to the clause non-aliendo ; the purchaser to assume payment of, and in ad- 
dition to the above named price, the following : 

First— All taxes for the year 1870. 

Sceond — Whatever claim there may be for drainage. 

Third— Costs of acts of sale before E. G. Gottschalk, United States 
stamps, registries and certificates thereof. 

And in confirmation of said adjudication I do hereby acknowledge to 
have received from said purchaser, Robert Bloomer, the sum of twenty- 
five hundred dollars in cash. 

This done and passed in my oifice in this city on this first day of 
February, A. D. , 1871, in presence of 

WS. Benedict, ) Wimesses 
T. L. Macon, ) 

(Signed) N J. HOEY, Auctioneer. 

Recorded, New Orleans, February 2, 1871. (One word erased.) 
(Signed) C. B. FISH, Deputy. 

Whereas, by act of sale under private signature, dated February, 1. 
1871, Albin Rochereau and C. E. Girardey, representing the estate of L. 
F. Foucher, Marquis de Circe, sold to me, Robert Bloomer, of New Or. 
leans, all the real estate known as the Foucher property, in the Sixth 
District of this city of New Orleans, more fully described in said act of 
sale,. for the sum therein expressed and conditions set forth : 

Now, be it known that my interest in said sale is but one undivided 
sixth thereof, and I do bind myself, my heirs and assigns to make good 



61 

and valid title to the remaining five-sixths interest of said property and 
purchase aforesaid to M. A. Southworth of this city, at such time as he 
may direct, I hereby acknowledging that I have furnished but one-sixth 
the purchase price, and the remaining five-sixths have been furnished by 
said M. A. Southworth, who is likewise to furnish the five-sixths of the 
sum remaining due on my said purchase. 

Thus done and signed at New Orleans, this first February, A. D. 1871. 
(Signed) R. BLOOMER. 



State of Louisiana, Parish of Orleans, City of New Orleans, 

Before me, the undersigned, Pierre Charles Cuvellier, a notary public 
in and for the parish of Orleans, city of New Orleans, duly commissioned 
and sworn, this day personally appeared William S. Benedict, who being 
by me, notary, duly sworn according to law, did depose and say that the 
body of the foregoing instrument of writing is in his proper handwriting, 
that he drew up the same at the request of Robert Bloomer, who affixed 
his signature to the said instrument in the presence and at the sight of de- 
ponent. 

(Signed) W. S. BENEDICT. 

Sworn to and subscribed this sixteenth day of February, A. D. , 1871. 
(Signed) P. C. CUVELLIER, Notary Public. 

Recorded, New Orleans, February sixteenth, 1872. 

(Signed) C. B. FISH, Deputy. 



State of Louisiana, Parish and City of New Orleans. 

Be it known that on this thirteenth day of April, in the year of our 
Lord one thousand eight hundred and seventy-one, and of the independ- 
ence of the United States of America the ninety-fifth, before me, Andrew 
Hero, Jr. , a notary public in and for the parish and city of New Orleans, 
State of Louisiana, duly commissioned and qualified, and in the presence 
of the witnesses hereinafter named and undersigned, personally came and 
appeared Henry A. Corbin, of this city, who presented me, said notary, 
a certain instrument of writing, purporting to be an agreement of sale of 



62 

property in this city, between Robert Bloomer, Malek A. Southworth, 
William G. Brown and him, said appearer, and which he requested me to 
record and deposit among my notarial archives to serve and avail as oc- 
casion shall or may require, which said instrument is in the words and 
figures following, to wit : 

This agreement, made and entered into this twelfth day of April, A. D. 
eighteen hundred and seventy-one, between Robert Bloomer and Malek 
A. Southworth, both of the city of New Orleans, State of Louisiana, 
parties hereto of the first part, and William G. Brown and Henry A. 
Corbin, both of said city of New Orleans, State of Louisiana, parties hereto 
or the second part, witnesseth that, for and in consideration of the sum 
of forty thousand dollars, lawful money of the United States, to the said 
parties of the first part in hand paid at the execution hereof by said parties 
of the second part (the receipt hereby is acknowledged), in order to enable 
the said parties of the first part to make the cash payment and complete 
the purchase of that tract of land known as Foucherville, embraced within 
the Mississippi river, the lower line of Greenville, the upper line of Burthe- 
ville, and extending for depth towards Lake Ponchartrain, in the Sixth 
District of this city, which said Bloomer has purchased from the estate of 
Foucher, by act of record in the Conveyance office in this parish, in book 
98, page 373, and wherein said Southworth has acquired a five-sixths inter- 
est, by act of record in said Conveyance office, in book 99, folio 369, the 
said Bloomer and Southworth, parties hereto of the first part as aforesaid, 
have covenanted and agreed to sell, and by these presents do covenant 
and agree to sell, and hereby grant, bargain, sell and convey unto the said 
Corbin and Brown, parties hereto of the second part, all that certain piece 
or portion of land, situate, lying and being in Foucherville, Sixth District 
of this city, fronting on St. Charles avenue, and commencing at a point on 
said St. Charles avenue, three hundred feet from the lower line of Green- 
ville, or the upper line of said Foucherville; the said portion of land ex- 
tends thence along St. Charles avenue, towards the upper line of Burthe- 
ville, six hundred feet; thence it runs at right angles and towards the Lake 
Pontchartrain, on a line parallel with Burtheville, sixteen hundred feet; 
thence it runs towards Carrollton or the upper line of Greenville, on a line 
parallel with St. Charles avenue, six hundred feet; and thence it runs 
towards St Charles avenue, on a line parallel with Greenville's lower line, 
sixteen hundred feet up to the place of beginning on said St. Charles 
avenue, together with all improvements therein and all rights and privileges 
thereto; to have and hold the said portion of ground unto the said parties 
of the second part, their heirs and assigns forever; and the said parties of 
the first part further covenant and agree and bind and obligate them- 



63 

selves, their heirs and assigns, to transfer and convey the above described 
piece of ground unto the said parties of the second part, by authentic 
act, within the shortest possible time, from and after the day and date of 
the execution of a title for the whole tract of land, by authentic act, from 
the estate of Foucher to the said parties of the first part or their heirs or 
assigns, or either of them; and that the said piece of ground shall be free 
and clear of all mortgages, liens, privileges or encumbrances of everv 
nature and kind whatsoever. And the said parties of the second part, in 
accepting the above agreement and sale, bind and obligate themselves to 
retransfer and convey said piece of ground unto the said parties of the first 
part at any time within six months from and after the date hereof, upon 
the said party of the first part returning and paying back unto the said 
parties of the second part the aforesaid sum of forty thousand dollars, to- 
gether with the interest thereon, at the rate of eight per cent, per annum 
from the date of these presents; and all the stipulations aforesaid are to 
apply to and bind the heirs and assigns of all the parties hereto. 

In faith whereof, the said parties have hereto set their hands and seals 
this twelfth April, A. D. 1871. 

(Signed) R. BLOOMER. 

M. A. SOUTHWORTH. 
Executed by said Bloomer and Southworth in presence of us, 

Chas. H. Fox, 
Geo. W. Carter. 

ANDREW HERO, Jr., Notary Public. 
(Signed) WM. G. BROWN, 

H. A. CORBIN, 

And executed in presence of us by said Corbin and Brown : 

Arthur Noel, 

J. Rose Stewart. 

ANDREW HERO, Jr., Notary Public. 

And the said instrument or agreement of sale having been thus re- 
corded by me, notary, was annexed to the margin hereof for reference. 
Thus done and passed in my office at New Orleans aforesaid, in the 
presence of Paul A. Conand and George Cenas, witnesses, both of this city, 
who hereunto sign their names with the parties and me, the said notary, 
the day and date aforesaid. 

(Original signed) H. A. CORBIN, 

P. A. CONAND, 
GEO. CENAS. 
ANDREW HERO, Jr., Notary Public. 



64 

A true copy of the original on file and of record in my office, New 
Orleans, La., February 8, 1873. 

ANDREW HERO, Jr., Notary Public. 



United States of America, 

State of Louisiana, City of New Orleans. 

Be it known that, on the sixth day of May, eighteen hundred and 
seventy-one, before me, Edward George Gottschalk, a notary public, duly 
commissioned and sworn, in and for the parish of Orleans and the city 
of New Orleans, and in the presence of the witnesses hereinafter named 
and undersigned, personally came and appeared : 

First — Albin Rochereau and William Thomas Hepp, members of 
the firm of A. Rochereau & Co. , in this city, and herein representing said 
firm, and as such acting as the agents and attorneys in fact of Mistress 
Marie Marguerite Felicie Burthe, widow of the late Louis Frederic 
Foucher, Marquis de Circe, residing at No. 19 University street, in Paris, 
France, duly appointed by act of procuration passed before Regis Gleizal, 
chancelor of the consulate-general of France, in London, dated the third 
of January, eighten hundred and seventy-one, and legalized by the United 
states consulate-general at London, on the fourth of January, 1871, and 
hereto annexed for reference and made part of these presents. 

Second — And Mistress Aline Delachaise, wife of Francois Dugue, of 
this city, herein acting in her own name and behalf by and with the 
authorization and assistance of her said husband, here present with her, 
which said appearers declared that, for the consideration and on the terms 
and conditions hereinafter set forth, they do by these presents grant, bargain 
and sell, assign, transfer and set over, with all the legal warranties and 
with substitution and subrogation to all the rights and actions in warranty 
of said Mistress Widow Louis Frederic Foucher, Marquis de Circe, and of 
said Mistress Dugue, against all preceding vendors or possessors, unto 
Messrs. Malek A. Southworth and Robert Bloomer, both of this city, here 
present and accepting and purchasing for themselves, their heirs and as- 
signs, and acknowledging possession thereof in the proportion of five 
undivided sixths to the said Southworth and one undivided sixth to 
him and Bloomer, all and singular, the property known as the Foucher 
estate, situate in the Sixth District of the city of New Orleans (late parish 
of Jefferson, in this State), and fronting on the Mississippi river, com- 



65 

prised between the upper line of what is known as Burtheville and the 
lower line of what is known as Greenville, and extending back from 
said river Mississippi the whole depth as hereinafter set forth, with all the 
rights of batture, ways, privileges, servitudes and appurtenances and other 
hereditaments thereto belonging or in any wise appertaining, the whole 
described as follows, to wit : A certain tract of land consisting of two 
portions acquired and held by separate titles, as follows : 

First — A portion or tract lying adjacent to Greenville, acquired by 
the ate Pierre Foucher, by purchase from Jacques Fontenet, by an act 
passed before Pierre Pedesclaux, then a notary public in this city, on the 
eighteenth of November, 1793, and which measures ten arpents and one- 
half arpent in front on the Mississippi river by seventy arpents in depth, 
and more if more there is; and 

Second — A portion or tract lying adjacent to Burtheville and adjoin- 
ing the portion above described, acquired by Pierre Foucher, by pur- 
chase from Charles Etienne Gayarre, by an act passed before Hugh 
Lavergne, then a notary public in this city, on the twenty-third of April, 
1875, and measures two arpents front on the Mississippi river, by seventy 
arpents in depth, and more if there is. 

The above described two portions or tracts of land have been con- 
solidated into one general tract of land, as will appear by reference to 
a plan or diagram made and signed by Jules Allon d'Hemecourt, de- 
puty city surveyor of the city of New Orleans, dated the eighth of March, 
1870, and annexed to and made part of the inventory of the estate of 
the late Louis Frederic Foucher, Marquis de Circe, taken by Francis 
Joseph Lazier, a notary public in and for the parish of Jefferson, in 
this State, on the twelfth of March, 1870, an authentic copy of which in- 
ventory is on file in the Second District Court for the parish of Orleans, 
in the matter of the succession of said late Louis Frederic Foucher, 
Marquis de Circe, being No. 33, 781 of the docket of said court, and ac- 
cording to which said plan or diagram, the dimensions of the said. consolid- 
ated tract or land are as follows, viz : measuring a width and front on a 
line in the middle of the public road two thousand and two hundred and 
fifty-nine feet, or twelve arpents and ninety-nine feet, and measuring on 
the upper boundary : 

First — On the line Of Greenville, from the middle of the public road 
to the middle of the street known as Nayades or St Charfes street, five 
thousand, and sixty-two feet and two inches. 

8ecdnd-°~Ff otii the middle of Nayades or St Charles' street drJ the 



G6 

line of Greenville and Friburg, seven thousand seven hundred and thirty- 
five feet and six inches to a certain point. 

Third — Thence on a line running in a southwardly direction three 
hundred and fifty-six feet and nine inches to a certain point. 

Fourth — Thence on the line of Marly, and in the general direction of 
the upper boundary four thousand and seventy feet, to the extreme depth 
of the tract, and to a point where said upper boundary meets the lower 
boundary of the general tract, measuring on the lower boundary, or the 
line of Burtheville — 

First — From the middle of the public road to the middle of Nayades 
or St. Charles street, five thousand three hundred and sixty-four feet eleven 
inches ; and 

Second — From the middle of Nayades or St. Charles street to the depth 
of the tract, eleven thousand six hundred and twenty-seven feet and eight 
inches, all the aforesaid dimensions being in French measure. 

The above described tracts of land belonged to the late Louis Frederic 
Foucher, Marquis de Circe, for having acquired the same by inheritance 
from his father, the late Pierre Foucher above named, and also by the 
effects of an act of partition and settlement between himself and his sister, 
Mistress Antonine Foucher, wife of Philippe Auguste Delachaise, sole 
heirs of the said late Pierre Foucher, passed before Theodore Seghers, then a 
notary public of this city, on the thirteenth day of April, eighteen hundred 
and thirty-four, and duly registered in the Conveyance office of the parish 
of Jefferson, in this State, in book No. 3, folio 358; and the same now be- 
longs to the present vendors, the above named Mistress Marie Marguerite 
Felicie Burthe, widow of the late Louis Frederic Foucher, Marquis de 
Circe, and Mistress Aline Delachaise, wife of Francois Duque, for having 
inherited the same from the said late Louis Frederic Foucher, Marquis 
de Circe, under his two wills, which have been probated, as appears by 
the proceedings in the honorable the Second District Court of New Or- 
leans, in the matter of the succession of tne said late Louis Frederic 
Foucher, Marquis de Circe, No. 33, 781, of the docket of said court, the 
said Mistress Marie Marguerite Felicie Burthe, as the universal heiress and 
legatee of her said late husband, and the said Mistress Aline Delachaise, 
wife of Francois Duque, as legatee of one undivided half of said land 
above described, duly recognized as such and put in possession of said 
land by an order rendered by said Second District Court, for the parish of 
Orleans, on the twelfth of May, 1870, and. signed on the seventeenth of 
May, 1870, in the matter of said succession, No. 33,781 of the docket Of 
said court, an authentic copy of which order of court is hereto annexed for 



07 

reference and made part of these presents, after having been duly registered 
in the Conveyance office of this city, in book No. 96, folio No. 724, on 
the first of June, 1870, as per certificate thereon, signed C. B. Fish, De- 
puty Register, to have and to hold the said property unto the said pur- 
chasers, their heirs and assigns, to their only proper use and behoof for- 
ever. 

This sale is made for and in consideration of the price and sum 
of six hundred thousand dollars, which the said Rochereau and Hepp as 
aforesaid, attorneys in fact, and said Mistress Dugue, hereby acknowledge 
to have received from the said purchasers in the manner following, viz : 
Sixty thousand dollars in ready current funds of the United States, paid 
up and counted in presence of the undersigned notary and witnesses unto 
the aforesaid Rochereau and Hepp and Mistress Dugue, and for which full 
acquittance and discharge are hereby granted ; and the balance of five 
hundred and forty thousand dollars in the twenty several promissory notes 
of said purchasers drawn by them in solido, to their own order and by 
them indorsed, dated the first of February, eighteen hundred and seventy- 
one ; each twenty-seven thousand dollars payable respectively two in one 
year, two in two years, two in three years, two in four years, two in five 
years, two in six years, two in seven years, two in eight years, two in nine 
years, and two in ten years after date, ten of which notes shall be marked 
by the letter A, and the ten other notes by the letter B, at the Citizens' Bank 
of Louisiana in this city, and stipulating to bear interest at the rate of seven 
per cent, per annum from date until final payment ; which notes, having 
been paraphed tie varietur by me, notary, for the purpose of identifying 
the same herewith, have been by me delivered to said Rochereau and 
Hepp and said Mistress Dugue, who acknowledge the receipt thereof. 

In case of suit being instituted for the recovery of the amount of said 
notes or of any of them, or of any part or portion thereof, the said pur- 
chasers bind themselves to pay the fees of the attorney at law who may be 
employed for that purpose, which fees are hereby fixed at five per cent, on 
the amount sued for. 

And in order to secure the true and punctual payment ol said notes, in 
capital, all interest and attorneys fees as aforesaid, special mortgage and 
vendor's lien and privilege as well in favor of said vendors as in that of the 
future holder or holders of said notes, are hereby retained on the property 
presently sold; the said purchasers hereby binding and obligating them- 
selves not to sell, alienate, nor encumber or deteriorate the same or any 
part or portion thereof to the prejudice of this act. 

It is hereby agreed and understood by and between the parties hereto 
that the non-payment of any one. of the notes herein subscribed in settle- 



68 

ment of the purchase shall operate the maturity of all the notes remaining, 
unpaid. 

The tax receipts required by law up to and inclusive of the year 
e ?hteen hundred and sixty-nine have been produced unto me, notary. 
A.nd the said purchasers do hereby bind themselves to pay as an additional 
consideration for the present sale, all the taxes for the years eighteen hun- 
dred and seventy and eighteen hundred and seventy-one, and all and 
whatever claims there may now be due for drainage on the property 
hereby sold and all expenses for this act, stamps, registry and certificates. 
The said Albin Rochereau and William Thomas Hepp bind themselves to 
have the validity of this act recognized by their said constituents, Mistress 
Widow Foucher, Marquise de Circe, within the shortest possible delay. 

By reference to the annexed certificates of the Register of Conveyances 
and Recorder of Mortgages, in and for the city and parish, it appears that 
said property has not been previously alienated, and that the same is free 
from all or any encumbrance whatever in the name of said vendors. And 
by reference to the annexed certificate of the recorder of the parish of Jef- 
ferson it appears that said property is free from encumbrance in the name 
of said vendors with the exception of — 

jfYrj/^-r-The privilege of Gabriel Correjolles, for shelling in front of said 
property to secure the payment of twenty-five hundred and seventy-six 
dollars and twenty-nine cents ; and the said Rochereau and Hepp, that 
said claim is not admitted by them, but forms the subject of litigation 
before the Second District Court for the parish of Orleans, and they do 
hereby bind themselves individually, in solido, with the said vendors to 
protect the purchasers against all trouble which may arise in consequence 
of said claim, and to pay the same eventually in case of final judgment 
maintaining the same, reserving their recourse against their principals for 
reimbursement. 

Second — Forfeited to the State for the tax of 1865, for six hundred and 
fifty-six dollars and fifty cents. 

Third - By the three privileges in favor of the police jury of the said 
parish of Jefferson for the taxes of the years 1863, 1864 and 1865, amount- 
ing together to the sum of $1825.50. All of which taxes the said Roche- 
reau and Hepp declare to have been paid, and produce unto me, notary, 
the necessary receipts therefor and bind themselves to cause the said four 
several inscriptions to be canceled as soon as possible. 

Fourth - By the drainage privilege, the whole of which has been as- 
sumed by said purchasers as, before stated. 



64 

The United States internal revenue stamps of six hundred dollars on 
this act are hereto attached and duly canceled. 

Thus dene and passed in my office, at the city of New Orleans afore- 
said, on the day, month and year first before written, in the presence of 
Messrs. James Fahey and Theophilus M. Hyde, competent witnesses, who 
sign these presents with the said appearers and me, notary, after reading 
thereof. 

(Original signed) M. A. SOUTHWORTH, 

R. BLOOMER, 

ALINE DELACHAISE DUGUE, 
F. DUGUE, 
pp. W. T. HEPP, 
ALBIN ROGHEREAU, 
W. T. HEPP. 
Jas. Fahey, 
Theo. M. Hyde. 

Approved : E. G. GOTTSCHALK, Notary Public. 

Hornor & Benedict, Attorneys. 

Registered in Conveyance office in book 99, folios 556 and 557, 
New Orleans, May 10, 1871. 

C. B. FISH, Deputy. 



State of Louisiana, City of New Orleans. 

I, Andrew, Hero, Jr., a notary public in and for the parish and city 
of New Orleans, State of Louisiana, and the custodian of notarial records 
of the said parish, duly commissioned and qualified, do certify that the 
foregoing is a true and correct copy of the original act extant in the records 
of Edward G. Gottschalk, late a notary in this city, and whose records are 
in my custody as custodian aforesaid. 

As witness my hand and seal at New Orleans aforesaid, as custodian, 
this eighth day of February, A. D. 1873. 

ANDREW HERO, Jr., Custodian of Notarial Records. 



State of Louisiana, City of New Orleans. 
Be it known that, on this twelfth day of August, in the year of our 



70 

Lord one thousand eight hundred and seventy-one, before me, Marcel T. 
Ducros, a notary public in and for the city and parish of New Orleans, 
State of Louisiana aforesaid, duly commissioned and sworn, herein repre- 
senting Edward Barnett, also a notary public in and for the said city and 
parish, duly commissioned and sworn, now absent from this State by con- 
sent of the Governor thereof, as per leave of absence dated the twelfth of 
July, 1871, and deposited and recorded in my office on the same day, 
month and year, personally came and appeared Malek A. Southworth, of 
this city, unmarried, who declared that for the consideration, and on the 
terms a.i.l conditions hereinafter expressed, he does by these presents grant, 
bargain, sell, convey, transfer, assign and set over, with a full guarantee 
against all troubles, debts, mortgages, claims, evictions, donations, alien- 
ations or other encumbrances whatsoever, unto Messieurs C. E. Girardey 
& Co. , a firm established in this city, composed of Camille E. Girardey, 
Thomas L. Macon and Nicholas J. Hoey, and herein represented by said 
Camille E. Girardey, present, accepting and purchasing for said firm and 
assigns, and acknowledging delivery and possession thereof, all and sing- 
ular, the five undivided eighteenth part, interest, ownership, claim and 
demand of, in and to the following described property, to wit : The prop- 
erty known as the Foucher estate, situated in the Sixth District of this 
city (late parish of Jefferson), in this State, and fronting on the Mississippi 
river, comprised between the upper line of what is known as Burtheville, 
and the lower line of what is known as Greenville, and extending back 
from said river Mississippi the whole depth as hereinafter set forth, with 
all the rights of batture, ways, privileges and appurtenances and other her- 
editaments thereunto belonging, or in any wise appertaining, as follows, 
viz : A certain tract of land, consisting of two portions, as follows : 

First — A portion or tract lying adjacent to Greenville, acquired by the 
late Pierre Foucher by purchase from Jacques Fontenet, by act passed before 
Pierre Pedesclaux, then a notary public in this city, on the eighteenth of 
November, 1793, and which measures ten arpents and one-half arpent in 
front on the Mississippi river, by seventy arpents in depth, and more if 
there is ; and 

Second — A portion or tract lying adjacent to Burtheville and adjoining 
the portion above described, acquired by Pierre Foucher, by purchase 
from Charles Etienne Gayarre, by act passed before Hugh Lavergne, then 
a notary in this city, on the twenty-third of April, 1825, and measures two 
arpents front on the Mississippi river by seventv arpents in depth, and more 
if there is. 

The above described tw > portions or tracts of land have been con- 



71 

solidated in one general tract of land, as will appear by reference to a plan 
or diagram made and signed by Jules Allon d"Hemecourt, deputy city sur- 
veyor of this city, dated the eighth of March, 1870, and annexed to and 
made part of the inventory of the late Louis F. Foucher, Marquis de 
Circe, taken by J. F. Lazier, notary in said parish of Jefferson, on the 
twelfth of March, 1870, an authentic copy of which is on file in the 
Second District Court for the parish of Orleans, in the matter of the suc- 
cession of said late Louis Frederic Foucher, Marquis de Circe, No. 33, 781 
of the docket of said court, and according to which said plan and diagram 
the dimensions of said consolidated tract of land are as follows, viz : 
Measuring in width and front on a line in the middle of the public road, 
two thousand two hundred and fifty-nine feet, or twelve arpents 
and ninety-nine feet, and measuring on the upper boundary : 1. 
On the line of Greenville, from the middle of the public road 
to the middle of the street known as Nayades or St. Charles street, 
five thousand and sixty-two feet and two inches. 2. From the middle 
of Nayades or St. Charles street, on the line of Greenville and Friburg, 
seven thousand seven hundred and thirty-five feet and six inches to 
a certain point. 3. Thence on a line running in a southwardly direction 
three hundred and fifty-six feet and nine inches to a certain point. 4. 
Thence on the line of Marly, and in the general direction of the upper 
boundary four thousand and seventy feet, to the extreme depth of the 
tract, and to a point where said upper boundary meets the lower bound- 
ary of said general tract; measuring on the lower boundary, on the line 
of Burtheville : 1. From the middle of the public road to the middle 
of Nayades or St. Charles street, five thousand three hundred and sixty-four 
feet eleven inches; and second, from the middle of Nayades or St. Charles 
street to the depth of the tract, eleven thousand six hundred and twenty- 
seven feet and eight inches, all the aforesaid dimensions being in French 
measure. Being the same tract of land which was acquired by the said 
vendor and Robert Bloomer in the proportion of five-sixths to the said 
Southworth, and one-sixth to the said Bloomer, by purchase from Mrs. 
Widow Foucher, Marquise de Circe, and Mrs. Aline D. Dugue, as per act 
passed before E. G. Gottschalk, notary, on the sixth of May, 1871. And 
it does not appear that said vendor has alienated said property, as 
is evidenced by the certificate of the Register of Conveyances for 
this city and parish, dated the twelfth instant, and hereto annexed, 
except a sale of a portion of said property, with the privilege of re- 
demption within six months from the twelfth day of April, 1871, subject 
to which sale the present purchase is hereby made by said C. E. Girardey 
& Co., as is more fully hereinafter set forth. 



By the annexed certificate of the Recorder of Mortgages for this city 
and parish, dated the twelfth instant, it will appear that said property is 
free from all encumbrance in the name of said vendor, except — first, the 
drainage tax, and second, the mortgage which by said abovementioned 
act of purchase the said Southworth and said Bloomer consented in favor 
of their vendors to secure the sum of five hundred and forty thousand dol- 
lars, amount of twenty several promissory notes drawn by them to the order 
of and indorsed by themselves, jointly and in solido, dated the first of 
February, 1871, each for twenty-seven thousand dollars, payable respect- 
ively two in one year, two in two years, two in three years, two in four 
years, two in five years, two in six years, two in seven years, two in eight 
years, two in nine years, and two in ten years after date, ten of which notes 
are marked by the letter A, and the other ten by the letter B, and bearing 
interest at the rate of seven per cent, per annum from date until final pay- 
ment. 

This sale is made and accepted for and in consideration of the price 
and sum of one hundred and fifty thousand dollars, in settlement of 
which the said Camille E. Girardey binds and obligates the said firm of C. 
E. Girardey & Co. to pay to the acquittance of said M. A. Southworth, at 
the respective maturities of said notes, one-third of five-sixths, or 
five-eighteenths of their respective amounts in capital and inter- 
est, and do assume, as he hereby does assume for the said firm 
of C. E. Girardey & Co., up to the said sum of one hundred 
and fifty thousand dollars, the reversion of the mortgage by which 
payment of said notes is secured. And he does hereby also assume 
in the name of said firm, all the other obligations and stipulations 
taken by and agreed to by the said M. A. Southworth and Robert 
Bloomer in and by their aforementioned act of purchase, of which he here- 
by declares to have taken full cognizance. 

The said mortgage certificate further shows that said property is en- 
cumbered in favor of the New Orleans Park Commissioners in the sum of 
sixty-five thousand dollars, as per act passed before P. C. Cuvellier, notary 
on the sixth of May, 1871, and an obligation resulting from an act of 
sale to secure the sum of forty thousand dollars, passed before A. Hero, 
notary, on the twelfth of April, 1871, which encumbrances are likewise as- 
sumed by said firm of C. E. Girardey & Co., up to the extent of five- 
eighteenths part of their respective amounts in addition to the price of the 
present sale. And said firm do also assume like proportion of all rights 
and obligations standing there against, not herein specially set forth and 
well known to the parties thereto. 



The internal revenue stamp for one hundred and fifty dollars is hereto 
affixed and duly canceled. 

To have and to hold the said property and appurtenances unto the said 
purchasers, their heirs and assigns, to their proper use and behoof forever. 
And the said vendor, for himself and his heirs, the said property to the said 
purchasers, their heirs and assigns, shall and will warrant and forever de- 
fend against the lawful claims of all persons whomsoever by these presents. 
And the said seller does moreover subrogate the said purchasers to all the 
rights and actions of warranty which he has or may have, against his own 
vendor or against the vendors of his vendors, fully authorizing the said 
purchasers to exercise the said rights and actions in the same manner as 
he himself might or could have done. 

Thus done and passed in my office, in the city of New Orleans afore- 
said, the day, month and year aforesaid, in the presence of John J. Barnett 
and Joseph W. Jones, witnesses of lawful age, who hereunto sign their 
names with the said parties and me, the notary. 

(Original signed) M. A. SOUTHWORTH, 

C. E. GIRARDEY & CO., 
by C. E. GIRARDEY. 

John J. Barnett, 

J. W. Jones. M. T. DUCROS, Notary Public. 

A true copy of the original. 

M. T. DUCROS, Notary Public. 



State of Louisiana, Parish of Orleans, City of New Orleans. 

Be it known that, on this fifteenth day of August, in the year one 
thousand eight hundred and seventy-one, before me, Martin L. Ains- 
worth, a notary public in and for the parish of Orleans, State of Louisiana, 
duly commissioned and qualified, representing Pierre Charles Cuvellier, 
also notary for said parish of Orleans, now on leave of absence by executive 
authority, and in the presence of the witnesses hereinafter named and 
undersigned, personally came and appeared Messrs. Malek A. Southworth 
and Robert Bloomer, of this city, by CamilleE. Girardey, also of said city, 
acting in their name and behalf as the agent and attorney in fact of Robert 
Bloomer and Mrs. Eliza Newton Ledler, his wife, in virtue of a power 



74 

of attorney executed before P. C. Cuvellier, a notary in this city, on the 
first of July, 1871, and as the agent and attorney in feet of said South- 
worth, by power of attorney before said Cuvellier, notary, on the twelfth 
of August, 1871, and the said Camille E. Girardey, herein acting in his 
own name and behalf, as well as on behalf of the firm C. E. Girardey & 
Co. , composed of himself, Thomas L. Macon and Nicholas J. Hoey, who 
declared that for the price upon the terms and conditions hereinafter ex- 
pressed and specified, they do by these presents jointly sell, convey, trans- 
fer, assign and set over under all the warranties of law and with substitution 
and subrogation to all their (said Southworth, Bloomer and Girardey & 
Co.'s) rights, title, claims and actions in warranty against their vendors 
and the vendors or the authors of their vendors, unto the Commissioners of 
the New Orleans Park, a body corporate, created by an act of the 
Legislature of this State, entitled "An act to establish a Public Park 
for the city of New Orleans and to provide means therefor," ap- 
proved March 16, 1870, being act No. 84 of the extra session of the 
General Assembly begun and held in the city of New Orleans, March 7, 
1370, amended by an act entited "An act to amend and re-enact sections 
one, twelve and seventeen of an act entitled an act to establish a Public 
Park for the city of New Orleans, and provide means therefor, approved 
March 16, 1870," said latter act approved April 6, 1871, being act No. 83 
of the session of 1871, the following described property, to wit : 

That certain tract of land situate, lying and being in the Sixth District 
of the city of New Orleans, and bounded by the Mississippi river, the 
middle of Nayades street or Saint Charles avenue, the lower line of 
Greenville, and the upper line of Burtheville, containing about three hun- 
dred and seventy arpents, more or less, in superficies, having (French 
measure) the following stated dimensions, viz : a width and front on a 
line in the middle of the public road of two thousand and two hundred 
and fifty-nine feet or twelve arpents, and thence on the upper boundary of 
said tract or lower line of Greenville, five thousand and sixty-two feet and 
two inches from the middle of the public road to the middle of Saint 
Charles avenue; then on the lower boundary of said tract or upper line of 
Burtheville five thousand three hundred and sixty-four feet eleven inches 
from said middle of the public road to said middle of Saint Charles avenue, 
with all the rights of batture, ways, privileges, servitudes and appurt- 
enances, and other heriditaments to the said tract, as above defined, be- 
longing or in any wise appertaining. 

The measurement above given, in conformity with a plan or diagram 
made and signed by J. A. d'Hemecourt, deputy surveyor of this 
city, dated March 8, 1870, and annexed to and made part of the in- 



75 

ventory of the estate of Louis Foucher, Marquis de Circe, taken by 
Francis J. Laizer, on the 12th of March, 1870, a copy of which inventory 
is on file in the Second District Court, for the parish of Orleans, in 
the matter of the succession of said L. F. Foucher, Marquis de 
Circe, No. 33,781, of the docket of said court; which said herein con- 
veyed tract of land belongs to the present vendors in the proportion of five 
undivided sixths to said Southworth, and one undivided sixth to said 
Bloomer, by means of the purchase which they jointly made of a larger 
tract from Mrs. Marie Marguerite Felicie Burthe, widow of said L. F. 
Foucher, Marquis de Circe, and Mrs. Olive Delachaise, wife of Francois 
Dugue, by an act passed before Edward G. Gottschalk, a notary public 
in this city, on the sixth of May, 1871, registered in the office of Convey- 
ances and recorded in the office of Mortgages in this city, to wit : in the 
book 99, folios 556 and 557, and in the latter in book 91, folio 548, and 
by an act executed on the twelfth of August, 1871, before Mr. Marcel T. 
Ducros, a notary in this city, registered in Conveyance office in book 100, 
folio 175, the said M. A. Southworth sold and conveyed five-eighteenths 
or one-third of his said Southworth 's interest in said property to said Girar- 
dey&Co. , and no alienation of their share in said land has heretofore 
been made by said Southworth, Bloomer, or Girardey & Co., as shown by 
the hereunto annexed certificate from said Conveyance office. And the 
said Commissioners of the New Orleans Park hereby accept the sale of the 
above described property, and acknowledge delivery and possession thereof 
as purchasers for the said corporation and its legal successors and assigns, 
under and by virtue of a resolution of said Board of Commissioners passed 
on the fifteenth day of August, 1871, a duly authenticated copy of which 
is hereto annexed for reference ; in and by which resolution this contract 
is ordered to be executed on the terms and conditions hereinafter set forth, 
and the mortgage ordered to be given as is stated in this act upon the 
property presently purchased as well as upon that known as the City Park, 
more fully hereinafter described ; and Messrs. Joseph Rodman West, 
Pinkney B. S. Pinchback, Henry Clay Dibble, Andrew W. Smyth, were 
and are authorized to appear on behalf of said board for the purposes 
aforesaid. 

This sale is made for and in consideration of the price and sum of 
eight hundred thousand dollars, paid and payable in the manner follow- 
ing, viz : 

The purchasers have paid in ready current money to the vendors, who 
acknowledge receipt thereof, and grant acquittance and discharge therefor, 
the sum of sixtv-five thousand dollars. 



16 

They hereby assume and bind themselves as a corporate body aforesaid, 
to take up and pay in the place and stead and to the acquittance and 
discharge of the said Southworth and Bloomer those twenty several promis- 
sory notes made in solido by said M. A. Southworth and Robert Bloomer 
to their own order and by them indorsed all dated first of February, 
1871, each for twenty-seven thousand dollars, made payable at the Citizens' 
Bank of Louisiana, in this city, respectively : two in one year, two in 
two years, two in three years, two'in four years, two in five years, two in 
six years, two in seven years, two in eight years, two in nine years, and 
two in ten years after date (divided into two series of ten notes each, 
respectively marked by the letter A, and the letter B), and stipulating to 
bear interest at the rate of seven per cent, per annum from date until final 
payment ; which notes are the same, the payment of which is secured by 
the mortgage and privilege resulting from the act of purchase of said 
Southworth and Bloomer aforesaid, and the purchasers assume said mort- 
gage and privilege together with the various clauses securing the payment 
of said notes, and penalties in event of non-payment of any or all of them, 
as is set forth and recited in said act. And in final liquidation and settle- 
ment of the balance of said price, the purchasers have made, executed and 
delivered one hundred and nine-five bonds of first September, eighteen 
hundred and seventy-one, numbered respectively from one to one hundred 
and ninety-five both inclusive, in the sum of one thousand dollars each, 
payable to the said C. E. Girardey or bearer, ten years from the date 
thereof, and bearing interest at the rate of eight per cent, per annum, pay- 
able semi annually on the first day of March and September ofeachyearat 
the Citizens' Bank of Louisiana ; said interest evidenced by interest cou- 
pons attached to said bonds, falling due and being payable according to 
the tenor thereof; which bonds are issued by the said New Orleans Park 
Commissioners according to the law authorizing the same, and are signed 
by the president and secretary of said board of Commissioners. 

It is further understood and stipulated by and between the parties to 
this act as conditions of this sale, that in addition to the said price the 
said purchasers assume and bind themselves to pay the taxes due on the 
property as described, set forth and assumed by said Southworth and 
Bloomer in their act of purchase, being city, State and drainage taxes now 
unpaid, and to the entire acquittance and discharge of the present vendors. 
That to secure the payment of the aforesaid bonds in principal and interest 
and "all costs, and also to guarantee the faithful execution of all the con- 
ditions of this act, the property herein conveyed is hereby and shall remain 
specially mortgaged and affected with privilege in favor of the said vendors 



77 

and of any future holder or holders of the bonds aforesaid, and the 
present purchasers bind themselves, their successors or assigns, not to 
alienate, deteriorate or encumber the said property or any part thereof to 
the prejudice of this act 

And the said commissioners for the purpose of further securing the 
faithful payment of the said one hundred and ninety-five bonds given in 
part payment of the price aforesaid, and the interest coupons attached as they 
shall fall due, do by virtue of the act of the Legislature of Louisiana, approved 
March sixteenth, eighteen hundred and seventy, mortgage and hypothec- 
ate, and do hereby mortgage and hypothecate in favor of the present or 
any future holder or holders of said bonds, all and singular, the following 
described real estate with the improvements thereon, and the rights, ways 
and servitudes thereto belonging : All that certain portion of ground situ- 
ate in the city of New Orleans between Lake Pontchartrain and the Missis- 
sippi river, known as the City Park, which said portion of ground has four 
thousand three hundred and thirty-five feet six inches front on the old and 
new Metairie roads, and a depth of seventeen hundred feet, and contains 
one hundred and seventy-three and seventy-three one hundredths acres 
more or less ; being the same property which the city of New Orleans, 
acquired from the succession of John McDonogh, by an act passed before 

, a notary in this city, on the of , 18 — , (C. O. b. — , 

fo. — ,) and constituted a City Park by said city of New Orleans. 

And by reference to the hereto annexed certificate from the office of 
Mortgages for this parish, it will appear that said property is encumbered 
by the mortgage granted by said Bloomer and Southworth by their said 
act of purchase, herein assumed by said present purchasers as aforesaid; 
and also the assumption of a portion of said mortgage taken by Girardey, 
Macon & Hoey in their act of purchase, and included in the general as- 
sumption of the whole mortgage by the present purchasers ; by the mort- 
gage granted by Southworth and Bloomer in favor of J. R. West et als. , 
by act before P. C. Cuvellier, notary, dated the sixth of May, 1871, to se- 
cure $65,000, which has been paid out of the cash of this. sale, and said 
mortgage will be immediately canceled. 

United States internal revenue stamps of the value of eight hundred 
dollars are hereon affixed and canceled. - 

Thus done and passed at New Orleans aforesaid, on the day, month 
and year hereinbefore written in the presence, of Beajamin Ory and 
Qepjge. Martin, competent witnesses of lawful age,, who h.ereunto,-,sign 



78 

their names together with the appearers and me, notary, after read- 
ins: thereof 

CAMILLE E. GIRARDEY, 

J. R. WEST, 

P. R S. PINCHBACK, 

HENRY C. DIBBLE, 

A. W. SMYTH. 



(Original signed) 



Benjamin Ory, 
George Martin. 



M. L. AINSWORTH, Notary Public. 



I certify the above and foregoing to be a true copy of the original act 
in my notarial records. 

New Orleans, February 6, 1873. 

P. CHAS. CUVELLIER, Notary Public. 



COPIES OF LETTERS. 

New Orleans, January 23, 1873. 

Hon. Louis Schneider, Administrator of Finance ; yohn Calhoun, Administrator of 
Accounts : 

Sirs — By a resolution of the House of Representatives a special com- 
mittee was appointed to investigate the affairs of the Park Commissioners, 
with instructions to report within five days. Without delay will you please 
furnish that committee, from the records of your office, all the inform- 
ation to be obtained therefrom touching the transactions of your depart- 
ment with said commissioners, including the amount of money paid 
and number of bonds issued, with dates and object of the same, to- 
gether with copies of all ordinances relating to the Park Commissioners. 

I have the honor to be, sirs, with respect, your obedient servant, 

MICHAEL HAHN, Chairman. 
Delivered personally, twenty-third of January, 1873. 



Department of Public Accounts, 

New Orleans, January 25, 1873. 

Hon, Michael Hahn, Chairman Committee on New Orleans City Park : • 

Sir — In compliance with your request, we have the honor to inclose 



79 

herewith on account current between the city of New Orleans and the 
Commissioners of the New Orleans City Park, showing the amount col- 
lected for account of the latter by the city and the amount of payments 
made to them, leaving, as you will perceive, a balance against them of 
$31,295.99, besides a claim of $30,875 for taxes of 1870 and 1871. 

We also inclose copies of ordinances passed by the City Council in re- 
lation to the Park Commissioners. 

Very respectfully, your obedient servants, 

LOUIS SCHNEIDER, Administrator of Finance; 
J. CALHOUN, Administrator of Public Accounts. 



80 



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81 
House of Representatives, State of Louisiana, 
New Orleans, January 21, 1873. 

To the Secretary of the State of Louisiana : 

The Committee of the House appointed to investigate the affairs of the 
Park Commissioners respectfully request you to furnish it without delay, 
with a list of all persons on the Board of Park Commissioners since the 
creation of such board, with the date of their respective appointments, re- 
signations, taking of official oath, and such other information concerning 
the Park Commissioners as may be obtained from the books or documents 
in your possession. 

Your immediate attention to this request is highly desirable. 
Yours, etc., 

MICHAEL HAHN, Chairman. 



State of Louisiana, Office Secretary of State, 
New Orleans, January 21, 1873. 

Park Commissioners appointed by H. C. Warmoth, Governor • 

P. B. S. Pinchback, appointed April 27, 1871 ; filed oath of office 
May 1. 

A. W. Smyth, appointed April 27, 1871; filed oath of office May 8. 

H. C. Dibble, appointed April 27, 1871; filed oath of office April 27. 

J. R. West, appointed April 27, 1871; filed oath of office April 27. 

M. A. Southworth, appointed April 27, 1871 ; filed oath of office April 
26, 1872. 

Joseph H. Wilson, vice M. A. Southworth, resigned, appointed by 
O. J. Dunn, Lieutenant Governor, July 12, 1871; filed oath of office 
July 13. 

A true copy from the records. 

WM. WEEKS, Assistant Secretary of State. 



New Orleans, January 22, 1873. 
Hon. JL C. Dibble, Park Commissioner : 

Sir --On the twentieth instant the House of Representatives adopted a 
resolution of which the following is a copy : 



82 

'■'■Resolved, That the special committee appointed to examine into the 
proceedings and transactions of the Park Commissioners of the city of New 
Orleans report to this House within five days what amount of bonds has been 
issued by the Commissioners; whether any of said bonds have been sold or 
otherwise disposed of; to whom and for what purpose, if sold ; the price 
received for same, and what disposition has been made of the money, and 
whether any commissioner has been directly or indirectly interested in the 
purchase or sale to said commissioners of the Foucher property ; also if 
any of said commissioners have received bonds for services rendered, or 
for any other cause. " 

In order that the committee may report as required by the foregoing 
resolution, you are respectfully requested to furnish, without delay, all the 
information in your possession touching the subject-matter therein embraced 
together with such other facts as maybe within your knowledge, and neces- 
sary for the committee to possess for the purpose of making a thorough 
and complete report. 

I am, sir, with great respect, your obedient servant, 

MICHAEL HAHN, Chairman. 



New Orleans, January 23, 1873. 

To the Park Commissioners : 

Sirs — That the committee appointed by order of the House to in- 
vestigate the affairs of the Park Commissioners may properly perform the 
duties required of it by resolution of the House, you are respectfully 
requested to furnish without delay, a statement of the acts and doings of said 
commissioners, especially showing what amount of bonds have been issued 
by the commissioners; whether any of said bonds have been sold or other- 
wise disposed of; to whom and for what purpose, if sold ; the price re- 
ceived for same and what disposition has been made of the money, and 
whether any commissioners have been directly or indirectly interested in the 
purchase or sale to said commissioners of the Foucher property ; also if 
any of said commissioners have received bonds for services rendered, or 
for any cause. And generally any and all other information calculated to 
facilitate the investigation and enable this committee to make a thorough 
and complete report. 

I am, sirs, your obedient servant, 

MICHAEL HAHN, ChaSnan. 
Original delivered January 23, 1873. 



83 

New Orleans, January 20, 1873, Monday Evening. 

My dear Governor— \ send you copy of the title to Park property as 
recorded in the Conveyance office and copy of the laws. 

I find that I will have to finish the report myself I will have it in the 
hands of the printer the day after to-morrow, and you will get it by the 
end of the week. 



Truly your friend, 



H. C. DIBBLE. 



New Orleans, January 28, 1873. 
Hon. Michael Hahn, Legislature of Louisiana : 

My dear Sir — In compliance with your request I beg leave to submit 
the following statement relative to my connection with the New Orleans 
Park Commission : 

About the middle of November, 1871, I was elected a member of the 
Board of Park Commissioners to fill a vacancy occasioned by the resignation 
of Gen. West. Official duties under the United States Lighthouse Board 
obliged me to go down to the coast of Texas whence I returned about 
middle of December. After attending one or two meetings of the board, 
at which nothing was done except the appointing of a committee to confer 
with the city authorities in reference to the funds in their hands, claimed 
by the Park Commission, I was elected Chairman of the board. I am 
not sure if I was not elected at the previous meeting. On the sixteenth of 
December I addressed a note to Judge Dibble tendering my resignation. 
After some conversation on the subject with several members, I withdrew 
my first resignation until the twenty-third of December, when I resigned as 
chairman, and on the first of January, 1872, as a member of the commission. 
I accepted the position of member and chairman of the commission under 
the belief that I might have the pleasure of aiding in the execution of what 
seemed to me a very useful and desirable public work. I resigned because 
I found that the beginning of the work would be yet delayed for a long 
time for the want of funds, and I had no time to spare from what was re- 
quired of me by the Lighthouse Board. 

Very respectfully, your obedient servant, 

M. F. BONZANO. 



84 
New Orleans, La'. , January 28, 1873. 

Hon. Michael Hahn, Chairman, etc., etc. : 

Dear Sir — Your communication of the twenty-third instant, asking for 
information concerning the transaction of the Board of Park Commission- 
ers, was received to-day through the postoffice. 

In reply I have the honor to refer you to the annual report of the Park 
Commissioners, and the minutes of the said board since the twenty-third 
of December, eighteen hundred and seventy-one, when I first acted as a 
member. They contain the records of all the transactions of the Board 
of Park Commissioners of which I have any knowledge. 

You will please note the fact, as demonstrated in the record of the act 
of purchase of the Foucher property for the City Park, and in the minutes 
of the Board of Park Commissioners, that I did not in any way act as a 
park commissioner until long after the said purchase, for the reason therein 
given that I was a part owner of the Foucher estate, on which the City 
Park has been located by another board of commissioners with which I 
had no connection. 

To your further inquiry, I have the honor to reply that no acting 
park commissioner, to my knowledge, was " directly or indirectly inter- 
ested in the purchase or sale of the Foucher property to said commission- 
ers ;" and that no park commissioner, to my knowledge, has received 
' ' bonds " or any other consideration for services rendered as a park com- 
missioner. 

I beg also to inform you that my resignation has for some time been 
awaiting the action of the board of commissioners. 

I have the honor to be your obedient servant, 

M. A. SOUTHWORTH. 



New Orleans, February 5, 1873. 

Hon. Michael Hahn, Chairman : 

Dear Sir — In answer to your further inquiry of yesterday I have the 
honor to state that the mortgages notes assumed by the Board of Park 
Commissioners, and due on the first of this month, and amounting, with 
the interest thereon, to $61, 560, were paid at maturity, and that the mort- 
gage against the new park property has been additionally, so far, canceled. 

You will also learn from the records of the Board of Park Commission- 
ers that are now before your committee, that the payment of the mortgage 



85 

notes due in February, 1874, and the redemption and cancellation of forty 
more of the one thousand dollars park bonds, in addition to the sixty al- 
ready canceled, are secured by an irrevocable contract with C. E. Girardey 
& Co. that can not be touched by legislation. 

The objects of the park board, as I understand them, have been to 
prevent the important interests of the city, in this valuable property, 
from being sacrificed to political prejudices or passions, or antagonistic 
interests, and to use to the best advantage the city securities received 
from the city by their fiscal agent, in lieu of cash. 

I confidently believe that an unbiased and thorough examination of 
the whole matter will convince you and the committee over which you 
preside that the property purchased by the Board of Park Commission- 
ers is, relatively, the cheapest, and that it will soon be the most valuable 
and beautiful park property in the South, and that its completion will 
greatly advance the interests of this city and its tax-payers. 
I have the honor to be, your obedient servant, 

M. A. SOUTHWORTH. 



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